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Nude photos
Long day, didn't feel like searching for a thread but my question(s) is 1. If a model pays a photographer to have nude pictures done, solely for the purpose of the person to have the pictures, is there any reason the photographer needs to or should keep the original pictures (digital)? 2. if a photographer plans to do a shoot with a model, nude pictures, can the model later pay the photographer for those nude pictures and not allow them to be released .. which leads to again in that case does the photographer have reason or need to keep the pictures? Apr 18 06 01:36 pm Link David Scott wrote: Depends on the agreement of the shoot. If the shoot was negotiated with the negs/files and or copyright into the price than there is no need for the photographer to keep the images. However, if he/she is only paying for the shoot to get some prints, than the photographer keeps the raw images/negs if only to reprint anything in the future for the model. Whether the photographer has any usage rights is again dependent on the agreement before the shoot. Can the model buy the negs/copyrights at a later date? Sure, if he/she can afford the price that the photographer puts on the images. Apr 18 06 03:38 pm Link The only way for a model to keep them to herself is to buy the copyright. And if you are that concerned about it you might want to skip the nude shots. Anything can end up anywhere. Apr 18 06 03:43 pm Link far as buying the copyright its typically called a Buy-Out option, basically means yer transfering the complete rights/copyright/ownership of the images to someone else, as opposed to still owning the copyrights and just licensing someone to use them. But ultimately what is done with the pictures are supposed to be agreed upon in the initial agreement. Apr 18 06 03:56 pm Link You made the pictures and as the artiste you own the copyright. Your agreement with the client should state what the pictures are for. For example when you give them a print they own one (1) print and can show it to everyone or whatever. They cannot make a copy of the print without your permission and presumably without compensating you for the new print. The model (picture subject) owns the rights to his or her likeness. You may not (with some exceptions) use it for profit or publish the picture containing the likeness without getting a release from the person or you get a law suit for violating the person's privacy and/or using their likeness for profit. I don't think the model can make you turn over the pictures. I assume that the problem is that she posed nude. I you can make an analogy to getting a naked massage. Let's say if she had a naked massage and the next day felt bad about it she can't go and say: "You touched me, you saw me naked and I want it back". The fact that you have naked pictures of her shouldn't really matter as long as they don't get out. But if they do get out then you could be in trouble. Disclaimer: I don't know what I'm talking about. It's just pure speculation. Apr 18 06 04:13 pm Link Reason or need is irrelavent. What matters is the negotiated agreement between the model and the photographer. Anything (legal) is possible when the model and the photographer agree. Apr 18 06 04:24 pm Link This tread has me interested. How much are people charging for a buy out on copywrite? Apr 18 06 05:20 pm Link David Scott wrote: I'm not sure I understand what you're asking, but from what you wrote above it seems that you where hired to take photographs for the sole use of a model. That is an agreement where nobody other than the model can use the pictures, and that effectively means the pictures belong only to the model, or at least that she has sole control over them. David Scott wrote: Of course you can make new mutual agreements after a photo shoot. My own practice would be to keep the originals for one year, as above. What you choose to do with your pictures after handing over the hired copies is entirely up to whatever agreements you make. Apr 18 06 05:23 pm Link A "buyout" is sort of like swating a fly with a howitzer in this situation. I do nude private commissions on a regular basis and it's a simple matter of agrring between photographer andmodel that the photos are for the client/model/s personal private use and will never be shownor used by the photograher. The model/client pays me pretty well and the images are hers. I'm not so desparate to show photos that I have to go against the wished of a lady who posed and paid me. If I did not make that agreement with the ladies who pay me, I wouldn't be doing many private sessions for cash. There is no model release involved at all. I do keep copies in Tiff format in the event the model/client later decides to order either additional prints or a larger size. A "buyout" agreement is usually an agreement made with a commercial client who is purchasing commercial rights and fees for a buy out can be 5x a normal fee. Apr 18 06 05:40 pm Link Thanks for all the tips everyone. I love learning more and more about the legal side of things in photography in case I ever get involved in them. :-) Apr 18 06 05:43 pm Link Brian Diaz wrote: To put it simply. Apr 18 06 05:47 pm Link Sooo the photographer keeps only for reproduction purposes at the models request and wouldnt be allowed to post anywhere? Apr 18 06 05:52 pm Link David Scott wrote: That would be my understanding. Apr 18 06 06:00 pm Link David Scott wrote: That would be my understanding. Apr 18 06 06:00 pm Link |
