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Thread: Photo Release?

  1. #1
    Newbie Kookala's Avatar
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    Default Photo Release?

    I am a former feature dancer who has had photos in several magazines, a few calendars and of course the basic publicity shots you do in the clubs.
    I worked hard and saved my money thinking I would be able to put it behind me when I got out of the Biz. I have a fully paid for home, two cars in the garage and all the trappings and toys expected in "suburbia". I did not marry for money but for love and have two beautiful children to show for it.
    I have been retired from the adult entertainment industry for almost 6 years. The adult members of my family as well as my husbands know I was in the industry and it has never been an issue.

    Recently, through friends I stil have in the clubs I found out a photographer I once worked with has old pics of me and is planning on using them to launch his new line of Calendars. I did not sign a release on these particular photos because the photographer was dating a friend of mine and they were taken during a weekend skiing trip. He had just bought a bunch of new equiptment and was using his girlfriend and I as his models to try out the camera and learn his new accessories. I (being money conscious) was assured at that time they were for personal use only.
    I did contact this photographer and he does in fact plan to use my photos against my wishes. He told me to "take him to court". Therein lies my problem.
    While I have done photos in the past I do not want new photo's of me popping up now that I am so settled in my life. I also am hesitant to take him to court and spend perhaps thousands of dollars on a lawyer just to lose.
    I have thought about having some old "friends" visit him and try to make him see that what he is doing is wrong but that would be against my belief system also. I am not ashamed of my past or by the photos ( I made alot of money from them!) by any means but I am not telling if they don't already know. Plus that what if one of my kids gets ahold of a new picture? These were national calendars and pretty popular with the backyard mechanic set.

    So my question is this...
    Can he use my photo's?
    How would YOU get out of this situation?

    Thank you for any help you can give

  2. #2
    Senior Member Chelle's Avatar
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    Default Re: Photo Release?

    HI! Just from a novice photographers point of view I have been reminded to get releases from all of my subjects even if they are for personal use or my clothing site.

    I have however been informed just recently as a matter of fact, when I contacted one of my past models for a release, that as long as I took the pictures I owned them and could use them as I see fit. According to a local lawyer.

    I think this is highly unethical,

    good luck I don't think this info is much help but it is an fyi kind of thing.
    goodluck,

    Chelle
    www/geocities.com/lolascostumes
    Chelle
    www.geocities.com/lolasfeature

    "Everyone always says to look outside the box- I prefer to believe there is no box"

  3. #3
    Veteran Member Sara's Avatar
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    Default Re: Photo Release?

    My attorney told me that there are three copyrights involved any time pictures are taken. They belong to: (1) the model, (2) photographer, (3) owner of pictures. For the photographer/owner to publish (with the exception of "news") they need to have a signed release from the model.

  4. #4
    Senior Member Chelle's Avatar
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    Default Re: Photo Release?

    Any time I take picture I have 2 copies of my contract signed. I then have my copy notorized and kept in my files. It is just better all the way around that way.

    Chelle
    www.geocities.com/lolascostumes
    Chelle
    www.geocities.com/lolasfeature

    "Everyone always says to look outside the box- I prefer to believe there is no box"

  5. #5
    Newbie Kookala's Avatar
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    Default Re: Photo Release?

    Thanks for your help! I actually used my husbands size to get him to leave the photo's out. Not too sweet but it worked!

  6. #6
    Pamela
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    Default Re: Photo Release?

    Signed realease from the model, and they can sell or post them any place they want. I will never sign away pictures again. I learned the hard way, thinking they would only be used for the co. And once! Wrong. They use them again and again, it saves them money. PLus sell off to other companies, and it happened with my voice text message too. Jerks.

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    Default Re: Photo Release?

    Im photographer, I'd never shoot a model for any reason without a release, its just business, period. That said, you have this guy pretty easily. If he is publishing the calender himself, then it can get a little hairy as if you take him to court you'll be dealing with him directly and he may or may not be inclined to settle. Regardless, he does not have the right to publish without a release from you. If he is doing this calendar for another company however, you should get excited. Especially if its a big company. First off, no company is going to purchase pictures without a release. So even if he is talking about selling the photos, he likely will have to find a world class idiot of a buyer to purchase photos without model releases. But, assuming that he found such an idiot, skip dealing with the photographer and go right to the new owner and threaten to sue and you'll likely settle pretty quick. Its one thing for the photographer who has some pride in the pics he shot to be resistive, but for some schmo who bought the pics, its just a picture and what, is there some shortage of models out there? He's not gonna wanna deal with a lawsuit over an image he doesnt have the rights to use. Soooo, find out who the buyer is or sue the guy. Really, its a very open and shut thing. If you didnt release te pics, there isnt much the guy can do. and if you are naked in the pictures, forget it, the guy has gotta prove you are over 18 and all that, without a release and photo ID of the model thats pretty impossible to do...

    good luck

  8. #8
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    Default Re:Photo Release?

    Bottom line..if he has no release and you dont want the images used, he's SOL because you decide. As a photographer, my releases not only say THAT I can use the pix, but WHEN, HOW and for WHAT KIND OF WORK

    As an ad agency, when i Buy the pics I make sure I see the release from the Photographer, Model and the Location it was shot at.

    I think you're fine...but check with a lawyer to be sure (then have the attorney draft a letter you send to him via certified mail)

    good luck..keep in touch

    I have been a photographer/videographer for years...seen it all

    Everything said here is right..but you can also consider your own website (no sex with anyone you dont know, varying income streams) we do that alot.

    As far as photo/video work (which we also do) here are some tips:

    If it doesnt feel right at all, DONT GO and NEVER GO to a first session alone, if you must be alone make the photographer meet you somewhere neutral first

    NEVER do anything like bondage, etc with someone you don't know and ONLY work with an incorporated firm...never "just a guy that sells porn" - that translates to "smart guy found easy way to get laid"

    I usually do my shoots at the model's location (I have a studio but think she will feel safer on "her turf" or a hotel than my big old house with thick walls). I expect and invite her to bring a friend or two...to sit in the next room or in the studio at her option. Everything is in writing..and she leaves with a CD of all her images (I keep one for my records as well)


    I do REQUIRE (*and wonder about any photog that does not*) 2 forms of age identification, one with picture. And if you will be doing any sex on camera (with talent you provide or otherwise) then I need current STD tests on all parties and a disclaimer of liability.

    Yea, im a little over the top on security...but in this business you can't be too careful

    Be careful and keep in touch

  9. #9
    Featured Member ami's Avatar
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    Default Re:Photo Release?

    you sound like a very professinal photographer proMarket. I have a HUGE list of rules I send a photographer right away and most of the time they back off just because of that. I also am very professinal and that scares off most of the other weridos.

  10. #10
    God/dess DancerWealth's Avatar
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    Default Re:Photo Release?

    There is some risk in anything you do in life. A lawsuit such as the one you are proposing is of little risk though as this is so open and shut. You have to look at photos as a product not ulike any other. If I were to go to the library and check-out several books then put them up for sale on Ebay, that would be illegal. The reason is:

    1. I do not own the books to begin with...I'm just borrowing them. Much like the photos, he does have possession of the photographs, and yet he's borrowing the image on them.

    2. I have not been given permission to resell the books. You can't resell property that isn't yours to begin with. In your case, it's the image, not the physical photograph. Big difference.

    He can claim that since he owns the photos, he has the right to do with them as he wishes. He's wrong on two counts though. Primarily he's wrong because you did not give him any sort of expressed or implied permission to use the photos for any purpose other than for his own personal use and are not for resale. Second, he's wrong because he is wanting to use the photos to make money, without offering you any percentage of the income. If he hasn't even done that, then he's REALLY going to look guilty in the eyes of a court.

    I really wouldn't go sending Guido and Luigi over to his house to "teach him a lesson" in spite of how appealing that may sound. Nor do I think filing a lawsuit is needed at this time either. Your first step should be to contact an attorney and have them just write a simple letter to this guy. It should state that you are in no means allowing him to use these photos for his own financial or personal gain (he may be using these photos in exchange for other services, etc.). It should also state that any further action from him of distributing these photos will result in legal action on your behalf. A good attorney will know how to word a strong and harsh letter that will work for you. It may cost you $100 or so, but it could be enough to shut him down. Sometimes the fear of being sued is just as effective as a suit itself.

    One other note though about modelling. I know many girls who have done shoots for clubs' billboards, marquees, posters, magazines, etc. One thing to remember is that once you sign the rights away, they have the legal right to use those photos for as long as they want. I know several dancers who have done billboards for clubs only to see their photos being used years after they have retired, settled down, and start families. It's food for thought, because you may still have people associate you with dancing years after you are done because your face is on an 80 foot billboard somewhere in the town you live in.

    The ORIGINAL Stripper Sales School
    -
    Things may come to those who wait, but only the things left by those who hustle. ~Abraham Lincoln

  11. #11
    Member fwcamguy's Avatar
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    Default Re: Photo Release?

    Glad you got him to see ... ummm ... reason!

    I don't think your response was at all unscrupulous (unless you simply offered to send your husband over to beat the everloving crap out of him, and he caved - lol).

    As your original message and question pretty well outlined, no, he has no right w/o a release to publish the photos. BUT, he had momentum on his side, since he was counting on you being unwilling to take legal action. Fortunately, your mention of your husband was enough leverage to stop the ball from rolling right over you.

    Good for you!

    Richard




    Quote Originally Posted by Kookala link=board=10;threadid=4223;start=msg50798#msg5079 8 date=1054165690
    Thanks for your help! I actually used my husbands size to get him to leave the photo's out. Not too sweet but it worked!

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