Forums > Model Colloquy > Photographer used a stage name that u didnt aprove

Model

erased

Posts: 24

H̱andūd, Badakhshan, Afghanistan

So I was curious, If I started with a stage name and shoot a bunch of content with a photographer and signed a release then yrs later change my stage name is that photographer aloud to start using your new stage name for the content he shoot yrs ago of you? When signing the release i signed under a different stage name.

Aug 06 14 07:10 pm Link

Photographer

NothingIsRealButTheGirl

Posts: 35726

Los Angeles, California, US

Starie wrote:
So I was curious, If I started with a stage name and shoot a bunch of content with a photographer and signed a release then yrs later change my stage name is that photographer aloud to start using your new stage name for the content he shoot yrs ago of you? When signing the release i signed under a different stage name.

Can you tell him the situation and ask him not to?

Aug 06 14 07:14 pm Link

Photographer

DougBPhoto

Posts: 39248

Portland, Oregon, US

Starie wrote:
So I was curious, If I started with a stage name and shoot a bunch of content with a photographer and signed a release then yrs later change my stage name is that photographer aloud to start using your new stage name for the content he shoot yrs ago of you? When signing the release i signed under a different stage name.

In most cases, in lieu of information to the contrary, I would presume a photographer was attempting to be helpful by updating to a model's current stage name as a courtesy.

While there may be models who would prefer to have some people still use an old stage name even if they are working under a new one, in most cases, I would think folks are just trying to be nice by trying to keep them current.

As for what is ALLOWED or NOT ALLOWED, that would likely depend on the exact verbiage of the release.

Perhaps a model desiring to be credited by the OLD stage name would be more common than one might think, what is or is not permitted depends on exactly what is written.

Have you actually contacted the photographer requesting that they ONLY use the old stage name and not use your new one?

Aug 06 14 07:20 pm Link

Photographer

WCR3

Posts: 1413

Houston, Texas, US

It all depends on what was in the model release from the shoot. If he did it correctly, he would have had the release in your legal name, not your stage name. But the point is that you signed a release at the time of the shoot. Whether or not you used your real name or a stage name, you gave a release to the photographer to do whatever the release allowed him to do, and that is not affected by a subsequent change of stage name.

It is possible, and even likely, that in his further use of the images from the original shoot he wanted to make sure you got credit for being the talent.

If you have problems you should contact the photographer directly and explain. Chances are good he will help you if there is some problem.

Aug 06 14 07:25 pm Link

Wardrobe Stylist

Tiffany_B

Posts: 1551

Atlanta, Georgia, US

What I'm most curious about is if you signed the release using the stage name or simply indicated in the release that you wanted a particular stage name to be associated with the images...

Beyond that as another poster mentioned 1) the photographer likely didn't mean any harm by this action and 2) what's allowed will vary by the terms of the release. If there's nothing within the content of the release that explicitly states the images will solely be associated with one particular stage name, and you signed it in such a way that it's legally binding then you'll just have to ask the photographer to not associate the shots with your new stage name BUT realize that they don't have to comply.

Aug 06 14 07:26 pm Link

Photographer

WCR3

Posts: 1413

Houston, Texas, US

As far as signing goes, a mere "X" or some other scribble is sufficient, if you MEANT it to be effective as your signature. A lot of old, valid deeds and contracts just have an "X" where the grantor "made his mark" to indicate that this was his agreement to the terms of the transaction.

If the OP signed the release with a stage name, an "X" or a bloody thumb-print, it is a valid execution of the release and won't be undone because she changed her stage name at a later point.

Questions of attribution (or not) are a separate matter she should take up with the photographer.

Trust me, I'm a lawyer.

Aug 06 14 07:38 pm Link

Model

erased

Posts: 24

H̱andūd, Badakhshan, Afghanistan

I signed with my legal name but clarified the stage name that was to be used. Years later I wanted to get away from that stage name and start a new. He never contacted me and asked if it was ok to use my new stage name for the content he has. He also is making money from these images so him using the new stage name is benefiting him. I do know the model release stated what stage name to use as i only had one at that time.

Aug 06 14 07:49 pm Link

Photographer

Photomezzo

Posts: 288

Venice, California, US

WCR3 wrote:
Trust me, I'm a lawyer.

She's not asking if the agreement is valid. She's asking if he can use her real name, sort of like Doe v. Amazon.com, Inc. et al, but using her name rather than her age.

Aug 06 14 07:59 pm Link

Wardrobe Stylist

Tiffany_B

Posts: 1551

Atlanta, Georgia, US

Starie wrote:
I signed with my legal name but clarified the stage name that was to be used. Years later I wanted to get away from that stage name and start a new. He never contacted me and asked if it was ok to use my new stage name for the content he has. He also is making money from these images so him using the new stage name is benefiting him. I do know the model release stated what stage name to use as i only had one at that time.

This is where things can get murky. I could be wrong about this BUT it's my understanding that unless you specified in writing that the only name that could be used in conjunction with the images was your stage name at the time then you're out of luck if the photographer is using and profiting from them now since he's only bound by the contents of the document.

Aug 06 14 07:59 pm Link

Photographer

DougBPhoto

Posts: 39248

Portland, Oregon, US

Starie wrote:
I signed with my legal name but clarified the stage name that was to be used. Years later I wanted to get away from that stage name and start a new. He never contacted me and asked if it was ok to use my new stage name for the content he has. He also is making money from these images so him using the new stage name is benefiting him. I do know the model release stated what stage name to use as i only had one at that time.

If you want him to only use the old name, which now leads to a model who is no longer working, and is therefore not a useful credit, then by all means go ahead and contact him and request that he comply with the agreement listing the old stage name.

However, I think most people would think the photographer was not doing anything wrong by updating to your current stage name.

You yourself state that you wanted to get away from that stage name and start new, so one might reasonably think the photographer is doing a GOOD thing by updating to your new name, rather than using the old one you just said you wanted to get away from.

Reading above, you make it sound like you think he did something wrong by not contacting you, but at the same time what was preventing you from contacting him to let him know how you were expecting the change to be handled?

For example, if the images are much more "adult" material than you currently shoot, I can see why you would not want it attributed to a new stage name if you're trying to 'clean up" your identity.   In such a situation, yeah, you probably could say "hey dude, you're only allowed to use my old stage name."

It sounds like a situation that is best resolved in a friendly, cooperative way rather than a confrontational one.

Have you contacted him and requested he use the old name and he is refusing to?

Aug 06 14 08:16 pm Link

Photographer

Optix

Posts: 225

Boston, Massachusetts, US

Starie wrote:
So I was curious, If I started with a stage name and shoot a bunch of content with a photographer and signed a release then yrs later change my stage name is that photographer aloud to start using your new stage name for the content he shoot yrs ago of you? When signing the release i signed under a different stage name.

You signed a release with a fake name?
You do realize that a release is a legal document, right?

In other words, even if you plan to add your "stage name" in the "a.k.a." section, your legal name is what legitimizes your release.

I hope your previous photographers are not reading this...

Aug 06 14 08:20 pm Link

Model

K I C K H A M

Posts: 14689

Los Angeles, California, US

Optix  wrote:
You signed a release with a fake name?
You do realize that a release is a legal document, right?

In other words, even if you plan to add your "stage name" in the "a.k.a." section, your legal name is what legitimizes your release.

I hope your previous photographers are not reading this...

Uhh... No. She signed with her legal name. Even based on the OP alone, she didn't imply that she signed with her stage name. It may have been unclear, but it's a weird conclusion to jump to based on that alone.

She specified that her stage name should be used.

Starie wrote:
I signed with my legal name but clarified the stage name that was to be used. Years later I wanted to get away from that stage name and start a new. He never contacted me and asked if it was ok to use my new stage name for the content he has. He also is making money from these images so him using the new stage name is benefiting him. I do know the model release stated what stage name to use as i only had one at that time.

OP- Have you brought it up with the photographer politely? There's a good chance it was well-intentioned.

Aug 06 14 08:25 pm Link

Photographer

DougBPhoto

Posts: 39248

Portland, Oregon, US

Optix  wrote:
You signed a release with a fake name?
You do realize that a release is a legal document, right?

In other words, even if you plan to add your "stage name" in the "a.k.a." section, your legal name is what legitimizes your release.

I hope your previous photographers are not reading this...

Great illustration of why it pays to quickly skim a thread to see if there are additional posts that clarify something, because it is really easy to jump to the wrong conclusions and make yourself look foolish. wink

https://www.modelmayhem.com/po.php?thre … st19046567

Aug 06 14 08:30 pm Link

Photographer

AJ_In_Atlanta

Posts: 13053

Atlanta, Georgia, US

My release has a line for the name the model would like me to use in credits.  Honestly I doubt I would notice if years later a model changed it and it's unlikely that I would go back and change anything I had previously done.

Now if you change your name on MM it's just cosmetic as the crediting is tied to an ID number and would auto update.

P.S. I have gone back and changed a real name to a stage name when a model asked me to after she started to model under one.

Aug 06 14 08:39 pm Link

Photographer

East West

Posts: 847

Los Angeles, California, US

Did you contact the photographer? That should have been your first move after learning he was using your new alias.

Aug 06 14 08:51 pm Link

Photographer

DougBPhoto

Posts: 39248

Portland, Oregon, US

MDWM wrote:
Did you contact the photographer? That should have been your first move after learning he was using your new alias.

There is no substitute for good, clear communication!!!

Aug 06 14 08:55 pm Link

Photographer

Blue Ash Film Group

Posts: 10343

Cincinnati, Ohio, US

MDWM wrote:
Did you contact the photographer? That should have been your first move after learning he was using your new alias.

Has the OP answered this question yet?

Aug 06 14 09:04 pm Link

Model

erased

Posts: 24

H̱andūd, Badakhshan, Afghanistan

I havent done anything yet, I wanted some info from others in the industry before I did. I changed my stage name to get away from the old content that had been shot and yet now they are linked together cause he went and changed my name on some of his content he shot. I just thought that if I signed a model release with my "legal name" and in the release specified what stage name to use that he wouldnt be aloud to years later change my name on his content to a new name I am now using considering the release did not say he could use this new name?

Aug 06 14 09:04 pm Link

Photographer

Ken Marcus Studios

Posts: 9419

Las Vegas, Nevada, US

Tell the photographer that you would appreciate his using the stage name that you were using at the time of the shoot and not your current name.

If he is a nice person, he should comply

If he doesn't . . . . depending on the release, there may be nothing you can do about it, without spending a lot of money on a lawyer. Many standard model releases include just such provisions.

Even though you think he isn't 'allowed' to use your current name, it's possible that on the model release form you signed, you gave him the right to assign you any name, or make up any story about the character in the photos that he feels justified in doing so.

Aug 06 14 09:04 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

K I C K H A M wrote:
OP- Have you brought it up with the photographer politely? There's a good chance it was well-intentioned.

That is the right answer.  I would start by asking him to put your credit back to your old stage name.  It sounds like you specified the stage name to be used in the release, which should be sufficient.  There is no guarantee though, depending on the language in the release.

Aug 06 14 09:15 pm Link

Model

erased

Posts: 24

H̱andūd, Badakhshan, Afghanistan

thank you guys, appreciate it smile

Aug 06 14 09:18 pm Link

Photographer

Isaiah Brink

Posts: 2328

Charlotte, North Carolina, US

Starie wrote:
So I was curious, If I started with a stage name and shoot a bunch of content with a photographer and signed a release then yrs later change my stage name is that photographer aloud to start using your new stage name for the content he shoot yrs ago of you? When signing the release i signed under a different stage name.

Well, this is an interesting situation.  In all reality, if you signed under a stage name that was not a legal alias or a dba or something where you could legally sign under that name, then the release is pretty much null and void because you forged the name you put on that legal document known as a model release.  Now, if he used your stage name, which in all reality, is a professional courtesy, unless specified in the release that the photographer uses the stage name, then he is not obligated from a legal standpoint to use your new or even past stage name.  Be careful with this stuff.  I understand the desire and sometimes perceived need to use a stage or modeling name, but go about things in a smart manner, do your research thoroughly, and if need be, ask to have a clause put into the release form that he uses your stage name.  Sorry to be the bearer of bad news, but there are a lot of bad practices out there that really need to be addressed and fixed for the protection of all parties involved, and yes, that does of course include the model.

Aug 07 14 10:36 am Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Isaiah Brink wrote:
Well, this is an interesting situation.  In all reality, if you signed under a stage name that was not a legal alias or a dba or something where you could legally sign under that name, then the release is pretty much null and void because you forged the name you put on that legal document known as a model release.

NO... no and a thousand times no.

It doesn't matter what name you sign a legal document under... signing the document under a name that is not your birth name just makes that new name your alias... it doesn't require you changing your name or creating a legal alias.  If you respond to that name or do business under that name, it is your name.

Aug 07 14 05:42 pm Link

Photographer

Isaiah Brink

Posts: 2328

Charlotte, North Carolina, US

James Jackson Fashion wrote:

NO... no and a thousand times no.

It doesn't matter what name you sign a legal document under... signing the document under a name that is not your birth name just makes that new name your alias... it doesn't require you changing your name or creating a legal alias.  If you respond to that name or do business under that name, it is your name.

You only have the legal right to sign under your birth name or any alias that you have gone usually to your county court house and had a legal name change or had a legal alias on the books can you sign a legal contract under.  Sorry, but I could sign your name, but that dosn't mean my name is your name under any circumstances.  There is such a thing as a legal alias.  But you have to go and file the appropriate paperwork.  It's something that I've looked into and several other photographers that I know who work in the adult industry have done.  Just think if I signed your name on a legal contract, that would be forgery or identity theft.  Sorry buddy, you just can't make up a name and start signing under it legally....

Aug 07 14 09:08 pm Link

Model

Amber Dawn - Indiana

Posts: 6255

Salem, Indiana, US

He was probably being helpful as some have said. I've done that to Photographers after noticing they changed their name.

Aug 07 14 09:10 pm Link

Model

K I C K H A M

Posts: 14689

Los Angeles, California, US

Isaiah Brink wrote:

Well, this is an interesting situation.  In all reality, if you signed under a stage name that was not a legal alias or a dba or something where you could legally sign under that name, then the release is pretty much null and void because you forged the name you put on that legal document known as a model release.  Now, if he used your stage name, which in all reality, is a professional courtesy, unless specified in the release that the photographer uses the stage name, then he is not obligated from a legal standpoint to use your new or even past stage name.  Be careful with this stuff.  I understand the desire and sometimes perceived need to use a stage or modeling name, but go about things in a smart manner, do your research thoroughly, and if need be, ask to have a clause put into the release form that he uses your stage name.  Sorry to be the bearer of bad news, but there are a lot of bad practices out there that really need to be addressed and fixed for the protection of all parties involved, and yes, that does of course include the model.

It's been stated several times that she signed the document with her legal name, not her stage name.

Aug 07 14 09:17 pm Link

Photographer

GER Photography

Posts: 8463

Imperial, California, US

The model can pick any name she wants me to use and change it at any time, as long as I have a copy of actual state issued ID on file for my records. I've had a couple ask not to use their real names but normally I will credit any MM members involved in any phot in my port.

Aug 07 14 09:23 pm Link

Photographer

Isaiah Brink

Posts: 2328

Charlotte, North Carolina, US

K I C K H A M wrote:

It's been stated several times that she signed the document with her legal name, not her stage name.

Thanks for bringing that up Kickham.  So, as I said in my original post....  Oh wait, it's just a few up from here for people to read if they want too.

Aug 07 14 09:33 pm Link