NO Model Release?

Velvet1234 · 09-08-2003

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 · 09-08-2003

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 · 09-08-2003

Quote:

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 · 09-08-2003

I would consult an attorney immediately.

mojobill · 09-08-2003

Quote:

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!

JR · 09-08-2003

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 · 09-08-2003

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 · 09-08-2003

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 · 09-09-2003

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

Velvet1234 · 09-09-2003

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

09-08-2003	#2
sarettah Stay Out Of The Box Want to see your own Advertising Here! Join Date: Oct 2002 Location: Lost in the ozone Posts: 10,318	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........ __________________ Free Adult Webcams

09-08-2003	#4
Jesse_DD Members Join Date: Mar 2003 Posts: 336	I would consult an attorney immediately. __________________ Almighty Content - Free Live Content

09-08-2003	#6
JR Members The global leader in pay-per-view AEBN Join Date: Jan 2003 Location: in my chair Posts: 3,320	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. __________________

09-09-2003	#9
Shok Members Join Date: Nov 2002 Location: Dallas Posts: 573	I'm going to need a sample of the photos before I can give you the proper advice __________________ Best looking asshole, I have the award to prove it! Need Reality Content? I got the goods, contact me! ICQ 1 4 7 9 9 0 5

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09-08-2003	#1
Velvet1234 Members I'm new! Join Date: Sep 2003 Posts: 4	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.

09-08-2003	#7
nlphoto Members Join Date: Apr 2003 Location: Northern Outpost of Hell Posts: 428	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...