egafd.com

Just wanted to add, that yes, I agree that the copywright of the pics DOES belong to the tog...

However if he wishes to publish, re-sell or profit from, ie they are not just going to be used to show his mates, show examples of his work, or just to be wanked over by the tog...

Key words PROFIT FROM

Then he needs a model release.

As he doesnt have one, and IS profiting from them, then he is in the wrong.

With respect

A model release, where present, is evidence of the terms of a contract.

Sadly, lack of a release doesn't mean that there is no contract. All it means is that in a dispute it's one persons word against another's.

Publishers like releases because it shows that the terms of the shoot were understood by all.

The essence of the legal dispute here is whether or not the tog has any rights to use the pics in the way he has been. Based on what has been posted, he doesn't, but that's what the courts are for - to rule in the models favour.

As to DCMA - that is very much a call for copyright owners to make, and for a model to start issuing takedowns without being the correct person would be risky (probably not in this case, but I'd hate to see a model in a bigger dispute with a larger company acting in error on the post)..

Well we are pretty much in agreement then

been out with my doggy some good advice there thanks
The guy in fact took pics as a favour and didnt say he was going to use them i think il go with snow patrols letter ty x