Forums > Model Colloquy > Photo deletion

Photographer

davisphotography

Posts: 6

Los Alamos, New Mexico, US

Ok so I have a model contract for this one girl and she wants all the photos I have taken of her to be deleted cuz her bf doesn't like it now is there a contract out there for model termination?

Jun 18 13 11:21 am Link

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Photographer

GPS Studio Services

Posts: 36377

San Francisco, California, US

What do you mean by a "contract for model termination?"

Jun 18 13 11:25 am Link

Photographer

MCPHOTO

Posts: 732

Duvall, Washington, US

Are her photos worth arguing over. If you have a contract not alot she can do. Although she could make it a pain is she wanted to. So i guess it depends on how much you like the photos.

Jun 18 13 11:25 am Link

Photographer

SME

Posts: 21050

Pittsburgh, Pennsylvania, US

davisphotography wrote:
Ok so I have a model contract for this one girl and she wants all the photos I have taken of her to be deleted cuz her bf doesn't like it now is there a contract out there for model termination?

Don't put a contract out on her!  It's not that serious!  wink

Jun 18 13 11:26 am Link

Photographer

davisphotography

Posts: 6

Los Alamos, New Mexico, US

I love her photos but I want to be hospitable I just want a contract to protect me saying I deleted all the photos and I amd no longer liable

Jun 18 13 11:28 am Link

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Photographer

GPS Studio Services

Posts: 36377

San Francisco, California, US

davisphotography wrote:
I love her photos but I want to be hospitable I just want a contract to protect me saying I deleted all the photos and I and no longer liable

Liable for what?  Why do you need a contract?  Take the images down and then just send her a note saying that you removed them.   This happens here all the time.

Out of curiosity, did you have a release to post them in the first place?

Jun 18 13 11:31 am Link

Photographer

davisphotography

Posts: 6

Los Alamos, New Mexico, US

GPS Studio Services wrote:

Liable for what?  Why do you need a contract?  Take the images down and then just send her a note saying that you removed them.   This happens here all the time.

Out of curiosity, did you have a release to post them in the first place?

Yes I did but there now saying they didn't agree to that so I just want to be safe and have something saying I deleted the photos so I don't get the bf killing me or something

Jun 18 13 11:34 am Link

Photographer

The F-Stop

Posts: 1510

New York, New York, US

Just take em down n save face with her. If her BF leaves.. and he most likely will,  you still have a model to play with later on.

Jun 18 13 11:41 am Link

Photographer

davisphotography

Posts: 6

Los Alamos, New Mexico, US

The F-Stop wrote:
Just take em down n save face with her. If her BF leaves.. and he most likely will,  you still have a llama to play with later on.

Another problem is she's a big part of my portfolio

Jun 18 13 11:43 am Link

Photographer

B R U N E S C I

Posts: 25319

Bath, England, United Kingdom

davisphotography wrote:
I just want a contract to protect me saying I deleted all the photos and I amd no longer liable

If you have a release then tell them both to kick rocks.

You could suggest that you will offer them a copyright buyout for a few thousand dollars if they really want control over YOUR images....

davisphotography wrote:
so I don't get the bf killing me or something

If he's threatening you with violence then go to the police.

They are your images and you have an absolute right to do what the hell you like with them, boyfriend or no boyfriend.



Just my $0.02

Ciao
Stefano

www.stefanobrunesci.com

Jun 18 13 11:45 am Link

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Photographer

GPS Studio Services

Posts: 36377

San Francisco, California, US

davisphotography wrote:
Another problem is she's a big part of my portfolio

That just gives you a good reason to go out and shoot more.

Jun 18 13 11:54 am Link

Wardrobe Stylist

Tiffany_B

Posts: 1338

Bethlehem, Pennsylvania, US

That Italian Guy wrote:

davisphotography wrote:
I just want a contract to protect me saying I deleted all the photos and I amd no longer liable

If you have a release then tell them both to kick rocks.

You could suggest that you will offer them a copyright buyout for a few thousand dollars if they really want control over YOUR images....


If he's threatening you with violence then go to the police.

They are your images and you have an absolute right to do what the hell you like with them, boyfriend or no boyfriend.



Just my $0.02

Ciao
Stefano

www.stefanobrunesci.com

+1

If you choose to delete the images from your portfolio as a way of amicably settling this then that's you're choice but in terms of "liability" and things such as that, common sense says that once an issue is online, that you as a photographer can't necessarily control where it goes. If you could then there'd be no issues relative to images popping up on other sites without your knowledge etc.

Beyond that if this model's boyfriend was stupid enough to threaten you over images that she agreed to take then you really should contact law enforcement, even if only to alert them to the situation.

Jun 18 13 12:02 pm Link

Wardrobe Stylist

Tiffany_B

Posts: 1338

Bethlehem, Pennsylvania, US

davisphotography wrote:

Yes I did but there now saying they didn't agree to that so I just want to be safe and have something saying I deleted the photos so I don't get the bf killing me or something

Do you have a signed model release or was it a verbal agreement?

Jun 18 13 12:03 pm Link

Photographer

davisphotography

Posts: 6

Los Alamos, New Mexico, US

Thank you guys so much

Jun 18 13 12:05 pm Link

Photographer

davisphotography

Posts: 6

Los Alamos, New Mexico, US

Tiffany_B wrote:

Do you have a signed model release or was it a verbal agreement?

Signed release

Jun 18 13 12:15 pm Link

Photographer

FredSugar

Posts: 217

Dallas, Texas, US

davisphotography wrote:
I love her photos but I want to be hospitable I just want a contract to protect me saying I deleted all the photos and I amd no longer liable

Liable for what? Do not delete anything.   That's crazy.  I would probably take them off of MM, if she asked nicely.

The bf would be able to see they are not on mm anymore, but it sounds like you are saying you would delete the originals?

Jun 18 13 12:16 pm Link

Photographer

Darren Brade

Posts: 2834

London, England, United Kingdom

The F-Stop wrote:
Just take em down n save face with her. If her BF leaves.. and he most likely will,  you still have a model to play with later on.

-1

Why on earth would anyone want to work with someone with a track record of going back on their agreements.

Fool me once... and all that shizzle!

Jun 18 13 02:57 pm Link

Photographer

Darren Brade

Posts: 2834

London, England, United Kingdom

davisphotography wrote:

Signed release

So you have signed permission from the model? As long as the model is over 18 then there is very little they can do about it and it would probably be expensive to fight you in court.

Keep the pictures until you have shot some more to replace them.

Or offer them to buy the copyright.

Don't let her bf bully you.

Jun 18 13 03:00 pm Link

Photographer

Art of the nude

Posts: 11892

Olivet, Michigan, US

The F-Stop wrote:
Just take em down n save face with her. If her BF leaves.. and he most likely will,  you still have a model to play with later on.

Yeah, I'd REALLY want to do more shoots with someone who lies and demands that I not use the pictures I put a lot of effort into.

Jun 18 13 06:01 pm Link

Photographer

Risen Phoenix Photo

Posts: 1417

Minneapolis, Minnesota, US

Art of the nude wrote:

Yeah, I'd REALLY want to do more shoots with someone who lies and demands that I not use the pictures I put a lot of effort into.

The boyfriend is making threats that amount to assault. Tell them both you have a legally signed release and you intend to use them as you see fit. Post them on tumblr and let a few hundred reblog her image I'm sure the BF will love that.

It really depends how miserable you want to be, as you fight for your right to display her work.  I wonder if you paid her also? Hope not though it doesn't matter either way.

I have taken down nudes for many reasons though I do use them in shows or publications. Sometimes models don't want their nudes all over the Internet .

Sometime they are going into a career that will fire her for posing nude. 

All they have to do is ask nicely and they're down.

Jun 18 13 08:52 pm Link

Photographer

Rick OBanion Photo

Posts: 1351

Saint Catharines-Niagara, Ontario, Canada

Delete pics cause new bf didn't like them? No fucking way. Boyfriend can pay me and buy all the pics if it bothers him. I would never dream of asking a model to take down a  pic cause my new gf doesn't like it, or I am better now and its a bad rep for me (though I would offer her free reshoot).

Stop the madness of taking down pictures cause BFs or others are all butthurt .
I for one would care less since clearly a shoot with her will never happen again.

Jun 18 13 10:01 pm Link

Photographer

mophotoart

Posts: 805

Wichita, Kansas, US

happens all the time..new BF....finds out she models..gets jealous...ignore it..that is why you get a signed release....

Jun 18 13 10:15 pm Link

Photographer

David Stone Imaging

Posts: 1015

Seattle, Washington, US

The photos of the ONLY woman in your port are over a year old!!!  And you have little else to show for your time on MM.  Given your obvious lack of activity, a case could easily be made that you have used Model Mayhem as a forum where you could legally post partially nude photos of a person...thus singling them out.  'Especially given the fact you have been asked to remove them...which is the first step before things get really legal...and it sounds like that conversation has already started.

Your intent is everything in terms of the law.  While contract law says you have the right to display the images, tort law can invalidate such contracts if an intent to cause a non-public person harm can be shown.  IF you are the only person the model has modeled nude for, or IF you were ever emotionally involved with her, this compounds your problems.  If things were to get legal, this is a court battle that you would lose...especially in New Mexico.

Everyone has to start somewhere, and the purpose of a portfolio is to showcase your work so you can draw in other models and grow as a photographer.  My advice is to either get busy, or take the photos down.

Also...your WIX site has some impressive, beautiful Nature work in it.  Nudes and Nature is a timeless theme.  I've yet to meet a model that didn't want to get out of the studio, and get some nature work in her port.  After a few good shoots, models will find YOU!!!

Jun 19 13 07:57 pm Link

Photographer

Personality Imaging

Posts: 1665

Hoover, Alabama, US

If she is willing to pay you your hourly rate for all the time you put into the pictures and all the future profit and advertising potential of the pictures, then you have something to talk about.

Jun 19 13 08:04 pm Link

Photographer

David Stone Imaging

Posts: 1015

Seattle, Washington, US

DP

Jun 19 13 08:06 pm Link

Photographer

David Stone Imaging

Posts: 1015

Seattle, Washington, US

Personality Imaging wrote:
If she is willing to pay you your hourly rate for all the time you put into the pictures and all the future profit and advertising potential of the pictures, then you have something to talk about.

OP didn't mention anything about commercial usage rights.  This is often different from a standard TFP model's release which is essentially a consent to be photographed in trade for images.  If he paid for the modeling services, then he might have secured commercial rights.

Jun 20 13 06:37 am Link

Clothing Designer

Chain Reaction

Posts: 529

Grand Rapids, Michigan, US

davisphotography wrote:
is there a contract out there for model termination?

Taking out a hit on her seems a little extreme. If she asked nice and it was a TF shoot I would take them down. If she was paid or being demanding I'd tell them to go pound sand.

Jun 20 13 07:00 am Link

Photographer

Marin Photography NYC

Posts: 7249

New York, New York, US

David Stone Imaging wrote:
OP didn't mention anything about commercial usage rights.  This is often different from a standard TFP model's release which is essentially a consent to be photographed in trade for images.  If he paid for the modeling services, then he might have secured commercial rights.

Maybe where you live it's like that. Here one release covers it all and there is no difference in a commercial release vs a TF release. I use one with broad language that my attorney wrote up and that's it.

To the op, see if you can resolve this in a compromise rather than just caving in because of the boyfriend. It's none of his business.

Jun 20 13 07:00 am Link

Photographer

RKD Photographic

Posts: 3265

Iserlohn, North Rhine-Westphalia, Germany

Even without a contract or model release, the images are yours - why would you delete them just because her BF doesn't like them?

What's that got to do with anything?

I keep reading people here saying "ooh, be nice, delete them, keep her sweet..." What? Are you deranged? She knew what she was doing.

If she wants the images destroyed, tell her to BUY THEM off you (along with the perpetual usage rights).

Maybe if was a client that I needed to keep sweet in order to get that multi-million dollar contract, but an internet model?

Forget it.

Why the F*** should you destroy your work because some A-Hole got butt-hurt by his girlfriend posing for a photographer?

Jun 20 13 07:06 am Link

Photographer

Mcary

Posts: 1803

Fredericksburg, Virginia, US

I will only remove or take down images for the following reasons
#1 A model that I've work with on multiple occasions polity request that I take down one or a few images but not an entire series.
#2 If the models offers to do a re-shoot. 
Also If I paid the model chances that I'll take down an image or images that I like is between slim and none.    The way I see you work with people on a trade basis because you like the work and if you don't you charge them.  But once you've been paid $$$ you have little or no say in what images I choose to post/use.

Jun 20 13 07:16 am Link

Model

Lynn Elizabeth

Posts: 1336

Coral Springs, Florida, US

I say just take down the pictures, avoid the problem. Just shoot with another model and put up those images.

Jun 20 13 07:58 am Link

Photographer

RKD Photographic

Posts: 3265

Iserlohn, North Rhine-Westphalia, Germany

Lynn Elizabeth wrote:
I say just take down the pictures, avoid the problem. Just shoot with another model and put up those images.

What problem? There is no problem - not for the photographer - they're his images... he's unlikely to work with her again so there's no 'keeping her sweet' angle to consider. Tell her to jog-on.

...and she's not requesting they be 'taken down' but deleted.
If she wants them destroyed then as I said earlier: she can BUY THEM...

Jun 20 13 08:11 am Link

Model

V Laroche

Posts: 2746

New Orleans, Louisiana, US

That is nice of you to delete them. You are doing her a favor.

Jun 20 13 12:05 pm Link

Photographer

Rick OBanion Photo

Posts: 1351

Saint Catharines-Niagara, Ontario, Canada

V Laroche wrote:
That is nice of you to delete them. You are doing her a favor.

And doing all other photographers a disfavour.

Jun 20 13 12:12 pm Link

Photographer

Isaiah Brink

Posts: 2118

Charlotte, North Carolina, US

That Italian Guy wrote:

davisphotography wrote:
I just want a contract to protect me saying I deleted all the photos and I amd no longer liable

If you have a release then tell them both to kick rocks.

You could suggest that you will offer them a copyright buyout for a few thousand dollars if they really want control over YOUR images....


If he's threatening you with violence then go to the police.

They are your images and you have an absolute right to do what the hell you like with them, boyfriend or no boyfriend.

+1


Just my $0.02

Ciao
Stefano

www.stefanobrunesci.com

Jun 20 13 12:15 pm Link

Photographer

Art of the nude

Posts: 11892

Olivet, Michigan, US

Lynn Elizabeth wrote:
I say just take down the pictures, avoid the problem. Just shoot with another model and put up those images.

If a photographer who hired you a couple years ago said "I have a new GF, and money is tight, I need you to send back the cash I gave you.  You've had the use of it for two years now, but I decided that's enough, and lots of people on MM agree with me" would you do it?

Jun 20 13 04:29 pm Link

Photographer

David Stone Imaging

Posts: 1015

Seattle, Washington, US

Lynn Elizabeth wrote:
I say just take down the pictures, avoid the problem. Just shoot with another model and put up those images.

Art of the nude wrote:
If a photographer who hired you a couple years ago said "I have a new GF, and money is tight, I need you to send back the cash I gave you.  You've had the use of it for two years now, but I decided that's enough, and lots of people on MM agree with me" would you do it?

+1

Persuasive point.  I suspect a model would resist this refund suggestion to nearly the same degree that she would demand that her photographs be taken down.  It brings to light that what's at work here are the typical dynamics of a male-female relationship...where the male is expected to cave to female desires...rather than one of a straightforward business transaction.

Jun 20 13 06:23 pm Link