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Misuse of a Models images,,,

Posted: Mon Mar 06, 2006 11:55 am
by Cenobitez
I was just wondering around the net when i saw a warning from a model who states "Some photographers have been misusing my images, for reasons i didnt give permission for and which the model release did not cover, this includes escorting sites, please note i do not offer this service, so dont be offended if i am rude to you, and i will be taking action against anyone who misuses my image",

I have paraphrased that as i didnt copy and paste incase someone googles it and find her :)

My modelrelease says i can use them for anything in whole or in part with any wording or other images, pretty much.

I do have 3 different release forms for different occasions but the one i use when paying for a model sell the images, its pretty watertight.

I was just wondering what everyone elses view of misuse was ?


Re: Misuse of a Models images,,,

Posted: Mon Mar 06, 2006 12:02 pm
by Pervert
If the image is being used on escorting sites, then the model has every right to complain. People will be drawn to the site thinking she is one of the escort girls, and getting mainstream modelling jobs will be difficult if agencies even suspect she may be involved in such things.

That apart, it's a dishonest use of the image.

Re: Misuse of a Models images,,,

Posted: Mon Mar 06, 2006 12:46 pm
by Rude Boy
Most releases probably do cover the images being used on a hooker site but it's just a shitty thing to do and a gurantee that the model won't shoot with you again and probably tells all her mates etc etc.

Re: Misuse of a Models images,,,

Posted: Mon Mar 06, 2006 1:19 pm
by Cenobitez
I dont sell ANY content that i shoot, other than what mags like Max Power use, but for the most part I dont sell any content.

I assume its part and parcel of the job, a photographer i was talking to, was saying "if a photographer doesnt stipulate something in his release he can get screwed over and no one care but when its a model who doesnt stipulate something everyone fee's sorry for her".

So should the model request a reasonable use clause ?

More to the point would you include one ?


Re: Misuse of a Models images,,,

Posted: Mon Mar 06, 2006 3:03 pm
by planeterotica
Most of the models that i have worked with dont even bother to read the release they just sign it and grab the money, and most standard releases give the photographer the right to sell the photos where they please

.


Re: Misuse of a Models images,,,

Posted: Mon Mar 06, 2006 9:51 pm
by Cenobitez
If i intend on selling the images to a magazine (usually car shows and stuff, NOT models)

That was the other thing i wondered about, What rights would she have to go after the photographer ?

Lets Say I shoot a set with Model A, I then sell the images to Client B with full rights lets say i sell under 'works for hire' that person can then use the images for ANYTHING, Who would be the one she would attempt to take action against ?


Re: Misuse of a Models images,,,

Posted: Tue Mar 07, 2006 10:30 am
by Cerberus
If a model is concerned about where & when the pics will be seen, why the hell are they modelling?
If they're concerned/embarassed about it then don't do it!
The images will be around for evermore.

Re: Misuse of a Models images,,,

Posted: Tue Mar 07, 2006 11:10 am
by Cenobitez
The photographer i was having this discussion withs opinion was along those lines.

Are there any ethics to who and what the images are for ?

When i'm given a breif for a job, I decide who is best for the job, I dont tell the model/person when i'm booking them what the whole piece is only what they will be doing and what they will need.


Re: Misuse of a Models images,,,

Posted: Tue Mar 07, 2006 2:32 pm
by Cerberus
Ethics? Not too many of those around in business.
A model is chosen for an assignment, if she's ok with it she accepts the booking. Model release is signed, Money changes hands, copyright/intellectual property rights belong to the photographer.
The images can be used by the photographer as they see fit.
If restrictions on the image use are deemed necessary by the model then they should be included & agreed in the release form. But lets face it to do so would severely limit a models work bookings.
As stated in a thread above, how many models actually read release forms?
Once signed the deed is done. A models career is short lived, people have short memories, fashions change like the wind but those images are forever. So don't pose for something unless you're 100% happy for those images to appear anytime, anyplace, anywhere.

Re: Misuse of a Models images,,,

Posted: Tue Mar 07, 2006 4:42 pm
by planeterotica
There was a case i recall many years ago when a model tried to sue a photographer for selling photos of her for publication, the outcome of the case was that as the model was paid for the shoot then she was classed as a professional model and therefore could expect that the photos would be published and she lost her case, but its best to get them to sign the release to make sure.