NO Model Release?

[Velvet1234]

I had an aquaintance who has an amatuer site take some lingerie pics of me. He requested I sign a model release and I refused and forbid him to use the pics on his site. He has informed me he is going to use them anyhow and that he owns them. Is there anything I can do? I did pay him for taking the pics so I am confused as to how he can own them and use them with no model release.
I appreciate any help offered.

[sarettah]

From my limited knowledge....

No he can not legally use them....

You could report him to the proper authorities... Or go after him with a lawsuit.....

Now, if I were a conniving type person, I would tell you wait till he puts them up... Then sue his ass....

If you go after him prior to him putting them up, you can't make much of a damage claim because no damage has actually been done yet...

Once they are up on the net, they basically become permanent (nothing ever truly disappears from the net)... Then you can go after him for damages to your reputation, etc.....

But please remember, I am not a lawyer, so I could have it all wrong anyway........

[Winetalk.com]

Originally posted by Velvet1234@Sep 8 2003, 02:30 PM
I had an aquaintance who has an amatuer site take some lingerie pics of me. He requested I sign a model release and I refused and forbid him to use the pics on his site. He has informed me he is going to use them anyhow and that he owns them. Is there anything I can do? I did pay him for taking the pics so I am confused as to how he can own them and use them with no model release.
I appreciate any help offered.
he owns shit...he can NOT use those pics commercially without your permission.

send him REGISTERED letter, putting him on notice and if he does it anyway,
his ass is yours...

[Jesse_DD]

I would consult an attorney immediately.

[mojobill]

I did pay him for taking the pics so I am confused as to how he can own them and use them with no model release.



You in essence COMISSIONED him to do work for YOU.. he did the work, FOR YOU, so you own the work, not him...


and post the pics! :biglaugh:

[JR]

my understanding has always been that he does in fact own the pics. i dont believe they are yours. he is just restricted in how he can use them without your permission. thats why there are photographers releases as well as model releases.

[nlphoto]

JR is correct...

As the photographer, he owns the physical photos. If he does not publish them without your permission, you have no basis for him to surrender the
negatives to you.

However he cannot publish them without a signed model release, in which
you give permission for commercial use. And posting on any internet site,
including free ones would be considered commercial use.

As already recommended, consult an attorney...

[Velvet1234]

They were digital pics - no negetives or prints exist - just digital images.

I would like to thank everyone for their input on this topic at this time as well.

Velvet

[Shok]

I'm going to need a sample of the photos before I can give you the proper advice

[Velvet1234]

here is a link to some of the pics on my web site...

http://www.bbwswingerparty.com/images/Velvet/

but I should warn ya - I am a BBw and none are nude 0 just lingerie...
:P