Photo Rights

[CCDeville]

We are having some troubles with an ex employer and would appreciate your input...

We stopped working for her about two weeks ago and she won't take our pictures off her website! We asked her twice to take them down and the response was "F$%K you."

We paid for the pictures.

Any tips?

Thx,


Alyssa & Summer

 

[brad333]

talk to a lawyer you can prob get some cash outta him i ran into the same trouble awhile back not my photos but a girl i knew and she sued him

 

[brad333]

i dont know your exact situation so hard to say what to do you best bet call legal aid and scare him or if that doesnt work do some sneaky shit lol

 

[FortunateOne]

Is it that she is an agency and using your pics to claim that you two are available to book thru her agency? In that case, it might be a good idea to post the information here, as a public service lol. If an agency is claiming to have 2 sps available who no longer work there, that would be false advertising, right. It is a good thing for people to know.

As for getting the photos back, if you paid for them and only provided them for use while working with her, I don't think she can legally keep them. Legal Aid should be able to clear up the matter. You could also compose a letter, sent by real mail, and email a copy, that terminates your association with her and requesting the return of your property. This would be a good back up.

 

[CCDeville]

Lots of good points

The pictures were taken by a photographer who we paid, therefore we employed him. Which makes the pictures his, which we don't mind - we just don't want them on her website anymore...

Thanks for all the great tips, we'll definitely be using them.

 

[theclickstop]

Don't get your hopes up.

It is a weird thing when it comes to "copyright law". I have been in situations where if I did not have a signed release I would have had to hand over pictures to clients. If the pictures were to promote the person in the picture, then no matter who paid for them, they would belong to the person who was in the picture unless they signed a release. If they signed a release to the photographer you get the Audrina Patridge situation where the photographer owns the pictures and sells them for an assload of money. If he did not have a signed release from her, on the sale of the pictures she could have steped in and taken the proceeds from those pictures. Most professional photographers have their models sign releases just for those exact reasons.

 

[rdreamer]

It's tricky

Pictures are a funny thing, it comes down to the setting as well in this day and age. Paparazzis take photos of people in public and then sell those pictures as journalistic media which makes them property of the person who took the picture and there is NO ownership by the people who are in the picture. In a advertising or promotional photo it is different, it comes down to the physical agreement between the person who commissions the photo, the photographer, and the model. Since the model is the product in this particular photo, the copyright will lie with them unless otherwise stated in the Release that theclickstop was talking about. If the photographer has the release the copyright goes to them, and if the employer has the release than the copyright goes to them. The copyright holder can sign over their rights and privileges enclosed in the the release to the other party making the use of the pictures party to a cease and desist order by law. So if there was no formal agreement between anyone and no releases signed then the copyright falls on the model as they are allowed to use their own image and likeness to promote themselves. The photographer and or previous employer would have to get a signed release to use the photos at all in this case. HAH! call me a dumbass photo boy, I do know some stuff.

 

[JustCallMeR]

Let me clear up a few things.

First, a provocative and/or nude or semi nude professional posed photo is NOT the same legally as a photojournalist taking a photo of people in a crowd or during a newsworthy event. That's assuming, of course, that your faces are shown and you are identifiable.

If so, the only question that matters is: Did you sign a model release?

And if so, with whom? And you would legally have to have been given a copy of that release for your records. Reading that model release will answer all your questions.

That model release MAY have been included in your contract with the agency IF you signed such a thing. If so, read that and see what it says.

If you have NOT signed a model release or other contract that includes one, THEY MAY NOT DISPLAY THOSE IMAGES PUBLICLY. PERIOD.

I hope that information is useful to you. And good luck!

 

[CCDeville]

Thanks!

Well the photos are down and life is good again. Thanks again for all your great suggestions. We both look forward to seeing you all through Cupids!!

Summer & Alyssa