Private or Not Published.

[Brainsinmedick]

What is a model's understanding of a private shoot? Is she agreeing that the images simply won't be published; but is she aware that photographers may sell or swap with other photographers or interested parties?

[GTJames]

All models will have different understandings so it is important to be unambigiously clearl on what you mean. You will soon acquire a dreadful reputation by tricking or betraying models.

There are nuances between "non published" and "private". Private for the individual photographer or producer means "your eyes only". If you have images that are for sale, trade, share with trusted collectors, then the model needs to understand that this is the deal and these clearly will be much less secure than just sitting on your own hard drive.

If in doubt, clarify with the model in question what her understanding of your agreement is.

This is just my advice. Offered freely. Not law or industry standard written down anywhere. Cheers!

[sparky]

My view is that the content will not be shared at all unless specifically agreed otherwise. Any form of payment is irrelevant.

The key point is that once the content is released the photographer no longer has control of where it might then go.

I once leant a video tape of a private shoot to somebody I thought I could trust. I got my original back but it had been copied. I never knew the exact chain but a copy got to the model. She was livid as she only did private shoots. Her concern was her family etc. find out her sideline to earn extra money.

Fortunately this was in the days before Facebook, Twitter, etc. while internet modelling sites and forums were still in their early days. Hence it was relatively difficult for the model to spread this to other models etc. Had this been today it could have been really embarrassing especially if my real name got out and other friends of mine with very different views, family, employer and work colleagues etc found out my interest in adult photography / videography.

I always ask the model if I can use a few stills for my profiles on modelling sites. If they refuse or only want tame images used I respect this.

[Brainsinmedick]

Thanks James and Sparky. That was also my understanding. However from some of the emails I receive it seems obvious that some photographers take advantage of any ambiguity of the terms.

[IainT]

The problem with privately shot material is that the model has absolutely no protection or any real rights.

Unless she is particularly savvy and has a contract drawn up specifying the exact terms of the shoot.

When I distribute private material, I have the buyer agree to a very punitive licence which specifies the exact use which is invariably view only/no share/no distribution/no publication in any way shape or form with hefty penalty clauses for any breach.

I also require the buyers name and address etc. this puts a large percentage of potential buyers off, but it also weeds out any potential charlatans.

To date nobody has let me down and everyone is happy.

Private material is a great way for fans to enjoy content that they would have no chance of seeing otherwise and as long as everybody plays the game it works for the models as well.

To be fair, the vast majority play the game, the adult business is remarkably honest and most fans will covet anything rare and expensive. There is always the odd slip up which, whilst very rare, has a disproportionate negative effect and spoils it for everyone else and deters models.

Many more models would shoot private material if they felt 100% secure.

I would also point out that the less the prospect of particular models doing x,y,z or desperate searches for content which doesn't exist is discussed on public forums, the more chance the fans have of actually seeing it.

[krisman]

Having purchased a few boxes from your bentbox before Iain & being a big fan of your work, how would one go about potentially purchasing "private" material from you?

Those conditions aren't something I would have any issue with.

Thanks

[IainT]

krisman wrote:

> Having purchased a few boxes from your bentbox before Iain &
> being a big fan of your work, how would one go about
> potentially purchasing "private" material from you?
>
> Those conditions aren't something I would have any issue with.
>
> Thanks

Hi Krisman

Just contact me via Bentbox or via here if you prefer.

Thanks
Iain

[krisman]

Cheers Iain, I'll likely drop you a message on Bentbox in the next few days cheers.

[legslover]

Those terms make sense tbh,

[one eyed jack]

Private to me is private. Your eyes only. No shares and and technically not even letting your mate have a sneaky peek (but thats pushing it a bit)

A lot of trust is involved with this and as Iain said hefty penalties will be incurred if in violation of this agreement

I've had models try to screw me over with DMCAs forgetting they have signed model releases. Solicitors hitting me with orders that leave me dumbfounded. Models requesting the releases and such then saying they dont remember signing it.

Attending XBiz and even UKAP meetings I see so many people that are going to be future revenge porn cases. Its already started with 12 girls pooling their resouirces together to sue Girls Do Porn for a million bucks saying he duped them.



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