Shayne Fergusson wrote:
Hi
I did a TFCD shoot with a model a few years ago. I had him sign a model release and gave him web quality copies for him to use to promote himself, but not sell or profit from, as was stated in the agreement that we both signed.
Recently he has become a bit of a international celebrity. He has therefore contacted with me wanting some images in high rez. So far he wants them to use for his website and a magazine that he wants to print up.
[some text removed]
I get really confused when it comes to copyright law and what i should and should not charge for.
I don't want to be a prick but if he is profitting from the images then i want a fair share as well.
Views people?
RE BOLDED PARTY OF THE OP - - -
In the UK, because none is usually required, where you use a "model release" you may box yourself in somewhat [or a lot] as to YOUR use of the images and may or may not do the same as to the model's use of them. A lot will depend on just what that "release" says, and of course we haven't seen the language used in it. You are likely to have been better off without it to start with.
It's interesting that they contacted you and at least a record of that contact acts to establish that they do not believe that they already have the use rights as proposed. Had nothing at all been asked of you in respect of additional images in high res and they had been smart they could have just used the stuff they already have at web resolution and waited until you complained, at which point they would have been perfectly free [and likely legally correct] to claim an "implied" license exists and / or their use on their own website was incorporated into the "self promotion" grant of rights initially. It could get really sticky for you to argue the point because their use is not commercialisation of the images per se, by e.g. sale, but merely display on their own website which right you may have already granted IN SPITE OF THEM CHARGING AN ACCESS FEE TO THEIR WEBSITE. Check and mate to them!
It is so that we probably can't advise you without specific knowledge of that historical context vis a vis the initial model release they, and presumably you, agreed to. However, that said, if they are asking for additional, new and higher resolution copies you DO have a basis to charge for that service and extract a license agreement from them relating to those particular additional, new and higher resolution versions, but you may also have an empty quiver as to the original web sized versions if they choose to use them instead.
Studio36
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