Blue Box Photography wrote:
I worked with a well-known model on a TF basis earlier this year. She signed a release that basically stipulated that while I maintain the copyright to the images, she had the right to use the photos for self-promotion. Now I see that she is selling T-shirts on her website with my images of her on them.

I've never encountered this before. If I didn't specifically grant her the right to sell products that included my images, what she's doing is illegal, right? I'm not against her selling the merchandise in principle, but I would need to be compensated. What's typical in this situation and how does one proceed?

A S K  A  L A W Y E R

MerrillMedia wrote:
Folks here still don't seem to understand what TF* is. The model is "compensated" with free images, which she can use for non-commercial self promotion. That's it. She isn't giving T-shirts away, she selling them for money.

The problem, if there is one, is in how clear you were about she was permitted to do with your work.

The good news is that she has to have someone print them and if you find out who that is, you can simply put them on notice. No printer, no t-shirts.

In this particular case, the model's compensation included a license to reproduce the image.   Unfortunately, the license was not written by an attorney, and seems to have allowed the model to sell copies of the image. 

"Self Promotion" relates to your "goal" in using the image, not whether or not you are receiving income from the image.    If the purpose of selling prints is to promote the model's career, then it is self-promotion.   If the purpose is to sell a third  party swimsuit, then it is likely not self promotion.

The moral is that you should not rely on an attorney to take important photos, and you should not rely on a photographer to draft important legal documents.