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Lost model Release
Yesterday I was contacted by a model threatening to sue because I used the photos from or trade shoot on my Instagram and other social media portfolios. I reminded her we signed a model release, (which I always, always, always do) and that she had used the pictures on her Instagram, Facebook and MM profile (before she took it down). From the shoot there were about 60 or so photos that turned out very good. I gave her as it copies of all of them and I also used the 60 photos and various portfolios. Long story short she says that we never did sign a model release and that I have 30 minutes to remove all of the photos from my portfolio or she will take legal action. I went ahead and took down all of her photos that she requested. I don't like to upset models that I work with and have always tried to keep a good working relationship with them. Following that I begin to look for her model release which I cannot find. She claims that we never signed one. I'm starting to wonder if maybe this is the case and I somehow messed up and did not get her release forms signed before the shoot. As I was looking through the releases that I do have I noticed that a couple were missing. I knew this because I don't store them all in the same place. Again a miss step on my part. For the time being of taking down all of my photos from all of the models that I've worked with from all of my social media sites until I can find releases for each model that I have worked with. Has anyone else ever been threatened to be sued for using the photos in your portfolios? I consider social media sites such as Instagram and Facebook similar to my portfolio on model mayhem. The sites are used as a recruiting tool to find new models to work with therefore I use photos of models I have worked with previously to showcase my work. The worst part about all of this is that she was seriously one of the best models I've worked with. Super kind and friendly and the pictures we got together were some of my favorites. UPDATE: For those who think I over reacted you are probably right. I've never been threatened with a lawsuit before and so yeah I freaked out a bit. I went back and republished photos (from other shoots with releases) last night. I think a lot of my frustration toward Model Mayhem has just been the general issues we all deal with. I was mad and venting. Thanks for the positive feedback and advice from most of the form. Especially those that were kind enough to take the time to write private messages of support. Those are the type of interactions that will keep me on MM despite its flaws. As was suggested, my practice will include getting releases signed with proper ID and getting a picture of the model with the signed release and ID. Jan 24 15 07:50 am Link I very seldom sign releases but when I do, or when I pay a model, I always take a picture of it so that the image is with the days pictures. Two for a release, one of the release after it is signed that is a good reproduction, and another of the model holding it. I do the same thing when someone wants to give me a business card. I photograph it instead, and then their face with it. Far more useful than having a random business card with no context. Jan 24 15 07:59 am Link ADKC Photography wrote: Did you ask her EXACTLY what she would be suing you for? Like EXACTLY what cause of action she had. Jan 24 15 08:08 am Link " .... makes me leery about working with models on here. ... " SO .. you are blaming Model Mayhem ??? ANY model ... can flake on ANY photographer ... at ANY time THAT is why you have them sign releases ( yes , you should keep the records in the same place) - not that I always do either .. - It actually sounds more like the boyfriend got mad at her career choices and demanded she stop it .... -OR- the model walked off with the release when you weren't looking ... and knows she can get away with the threat because she has possession of the document ??? Whatever happened , WHY would you take down "all" other model photos ? AND ... the 30 minute time frame was added so you don't think it through and tell her to "go ahead" Lame .. but it worked , didn't it ? Jan 24 15 08:21 am Link Hello AKDC Here is what I do with my model releases. I photograph the release, I put the paper signed release in a special folder for models and save the release on a thumb drive. Just some ideas Jan 24 15 08:27 am Link 1. Is using unreleased images on social media sites a violation of the model's rights in the location in question? 2. If you can legally use the images unreleased, is that use worth the frustrations of dealing with a frustrated model? Number 1 is a no-brainer. If you can't produce a model release and the use requires one, remove the photos and apologize. Number 2 is harder to evaluate. I've removed images when a model's husband got very upset by them and it was causing problems. They were not unique images that I had put a lot of resources into or was earning anything notable from. On the other hand if your image use is legal and within the terms, I think there's something to be said about not giving in, just because a model doesn't like what she agreed to. I think photographers giving into model demands that are outside the terms at the time of the shoot can cause its' own set of problems as well. Jan 24 15 08:40 am Link This should make you change your process, not your attitude. Your first picture at any model shoot should be of the model release with drivers license. Jan 24 15 08:44 am Link Looks like the OP has left the building. Jan 24 15 09:13 am Link No I'm still here. I was just playing some basketball. Thanks for the feedback guys. I will start taking pictures of the signed release and of the model with it. I don't know why I hadn't thought of that before. Digital photos are easier to keep track of than pieces of paper. Also I have nothing against Mayhem. Almost everyone I have worked with here has been awesome. Once I get all my releases found and straightened out I'll get things reposted. Thank you all for the feedback. Jan 24 15 09:55 am Link I've been asked to remove photographs but the model always gave me a valid reason. You definitely over-reacted by removing all of your images. Jan 24 15 10:28 am Link Another Model Mayhem drama and trauma Jan 24 15 10:48 am Link Sometimes the drama isn't worth it. (see wedding photographer getting trashed thread.) Sometimes it is totally worth to stand up to rude, abusive, raging lunatics. (see wedding photographer getting trashed thread.) A 30 minute deadline? That puts her squarely in lunatic. I have to wonder if she would be all that determined to sue you when she started paying the hundreds of dollars in fees to get a suit started. I doubt that this is a small claims court issue. Of course, she could go to social media and start a rant and hurt you that way. Use this experience as a motivation to educate yourself on what exactly what you can do with photographs without a release. You do have rights. Recently, I was told, in another thread, that photographers should never get releases. Only the publisher should get them. Consider blocking her so she can't see your portfolio. Also make your port so non-members can't see it. Jan 24 15 11:22 am Link When you use an image, you should always be sure what the release covered, so you should always look first, and not later. Nowadays, I only use a cover everything release........but I still have to look, to be sure I have it. The best way to be sure, is to make it the first order of business, at the shoot. Jan 24 15 11:59 am Link As there's some doubt as to whether the model release really was signed, and therefore exactly what was agreed to, then I'd suggest that taking them down was the best solution. Regardless of what the laws are in your particular area, unfortunately you can't be sure that you didn't accidentally break your own agreement with her (i.e. "your word") as to how they would be used, whatever it was. And unfortunately, guesses don't count. This is despite her tactics / threats, not because of them. As far as going forward, there have already been lots of great suggestions made. Jan 24 15 01:38 pm Link The very first question should be: Is the use one that requires a release at all? If the use is not a commercial use then the answer is strongly indicated as: probably not. Secondary to that, as the OP is in Texas and AFAIK Texas does NOT have a general right of publicity statute that applies to the living though they do have one that applies to the deceased. So on what grounds does the complaining party propose to sue? Methinks the OP reacted far too quickly, and far too defensively, to what appears to be a very thin on the ground threat. Studio36 Jan 24 15 03:28 pm Link Legal action in 30 mins I didnt know the courts worked as fast as McDonalds ? OP: You got Punked Jan 24 15 03:55 pm Link The OP just got bullied. Jan 24 15 04:01 pm Link studio36uk wrote: Another situation where you'd really want to have everything thoroughly documented is if the photos involved nudity (a question we forgot to ask!). With the exception of some locations (I'm thinking of a couple of countries in Europe, for example), if you're publicly posting nude photos of someone else then you'd be wise to make sure that you have "all bases covered". So to speak... Jan 24 15 04:07 pm Link studio36uk wrote: LightDreams wrote: Nudity might require a particular "sensitive subject" provision in a release - BUT- I really doubt that the generic [found on the Internet] releases used by the vast majority of MM members, those at least that regularly use any release at all, have "sensitive subject" language included in them. Jan 24 15 11:24 pm Link ADKC Photography wrote: So because you don't have your business in order and are, quite frankly, a pushover...MM models lose face? You need to grow up. Jan 24 15 11:50 pm Link Loki Studio wrote: +1 Jan 25 15 12:02 am Link For those who think I over reacted you are probably right. I've never been threatened with a lawsuit before and so yeah I freaked out a bit. I went back and republished photos (from other shoots with releases) last night. I think a lot of my frustration toward Model Mayhem has just been the general issues we all deal with. I was mad and venting. Thanks for the positive feedback though from most everyone. Especially those that were kind enough to take the time to write private messages of support and advice. Those are the type of interactions that will keep me on here. Oh and no way in hell would I work with that model again. Before this situation I absolutely would have. But now not at all. I care what models think because I often like to work with models again if given the chance. Also, models talk and I want every model I work with to have a good experience and get good quality images. Am I a push over or was I bullied? Probably a bit of both. Mostly I just want to be a nice person. It was a disappointing situation that hopefully with new standards in place won't happen again. Jan 25 15 06:46 am Link OP, at this point sit down, with your lawyer if you see the need, and decide where you stand. If you conclude, as most of us seem to have done, that you don't need a release to merely display your work, then put the images back where they were and wait for a letter from her lawyer - but don't hold your breath while you're waiting. Studio36 Jan 25 15 06:54 am Link Just because you took the images down, it doesn't mean that you can't put them back up. I'd suggest that you contact the model and find out why she demanded them being taken down. Maybe she will be reasonable and discuss the issue in more detail. If not, you have lost nothing and at least tried to value her concerns. Jan 27 15 11:08 pm Link If you have been shooting for 40 years like we have you will get ALL clients to sign releases. No exceptions. Each release is tailored to the client and may have different terminology explaining the use of the images. Once the release is signed we have a detailed archiving process to avoid issues like the one faced by the OP * Each paper release is photocopied and scanned * The original signed release is stored off site in a fire proof safe * The photocopied version is stored at the studio and filed chronologically, along with the original scope of work brief and all communication leading up to the contract to shoot * The scanned release is stored in the same folder as the original unretouched photos, which is also backed up on a two redundant NAS system with one stored offsite. * When it comes to the legal process, the original signed version is carries more weight than the photocopy or scanned version Jan 31 15 10:38 am Link Danny Steyn wrote: You limit the use of your images in the model release? Jan 31 15 11:11 am Link Virtual Studio wrote: Hi Virtual Studio Feb 01 15 04:19 am Link Try getting into the habit of scanning your releases and putting them in a folder with the pictures. I also have all my work orders and contracts in folders assigned to the client. The paper work takes very little hard drive space, but it's so vital. I also modify the document name to make it searchable. i.e. ModelFirstName-ModelLastName-Release Feb 03 15 10:13 am Link |
