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What would you do?
I worked with a model a couple of years ago, and since. And it has always been paid work. Some of the work had included nude work, in fact one of the shots won the 18+male pic of the day. Now the model has a new job and wants me to remove all nude work, especially the one that won the comp, from here and my personal website. I have seen nude work he has done with other photographers which are still on portfolios here and other model sites. They also appear on twitter on a regular basis. As the shoots were all paid, I think it unfair for him to ask me to now remove these pictures, because his circumstances have changed. I am torn as to what to do, so any help or advise would be helpful. Thanks in advance. Oct 22 14 04:17 pm Link would it help if you took off the credits? Oct 22 14 04:24 pm Link Did he offer to return all of the pay plus interest? If so, I think the answer should still be "Sorry, no." Oct 22 14 04:24 pm Link Well..."legally" you own the rights to the photo. You paid for them. But....if he is being respectful, and you are a gentleman, then you might consider the bigger picture. He will never get all of his photos off the internet. He should have considered that. Nevertheless....you have 333 photos, lots of good work. I can't even begin to guess which one is the photo in question, so having it absent from your portfolio probably won't matter much. A fair trade....if HE is going to be absent from your portfolio, then you'll need money to hire a new model to replace him. Ask him to refund the amount that you paid him, since he is essentially asking for the right to the pictures back. Then hire a new model with that money and do your thing. Oct 22 14 04:25 pm Link If you paid the model you should at least be reimbursed what you paid him. If you don't get your money back then have really received nothing of value for the money that you paid him. I've told models that are considering doing nudes to carefully consider their decision as it might come back to bite them in the ass later on. Modeling nude is something that can't be undone that easily. Oct 22 14 04:32 pm Link
Post hidden on Oct 23, 2014 08:51 pm
Reason: outing Comments: Based on the description this would be considered outing and is not allowed. Oct 22 14 04:55 pm Link Not entirely familiar with UK law on this,... If you own the rights then you OWN the rights to use the photo(s). if the model is ashamed of his past work then thats not your fault. even if you remove it, his name is attached to it on the internet forever. if you're feeling nice, then maybe you could come to a compromise to remove his name from the images where possible, or you could offer to sell him the rights and then you take the image(s) down. thats what i would do. you could just tell him "no" if you don't want to entertain any compromises. legally you should be in the right. really the best thing to do, (if you want to be nice) is just talk to him and figure out a way where you can still use the images and eliminate his concerns. but like i mentioned; removing the images wont erase traces of his past work. Oct 22 14 05:05 pm Link Remove the credit and keep the photo Oct 22 14 07:29 pm Link losing a job is a big deal so I'm sympathetic. but if he is only targeting you for the takedown that seems unfair. i'd probably say i'm willing to go along if you are doing a complete takedown of all your nude photos. otherwise i paid for them (and you can show him the signed model release). i did have one model who requested that i remove a credit which i did. but she said we could keep the photo up. this wasn't about a job but rather people teasing her about the photo. Oct 22 14 07:42 pm Link You really have to say no, as you paid him fairly for the work, and he signed releases accordingly. That is the the decision models have to make, and then they have to live with them. Oct 23 14 06:21 am Link Tell him you'll sell him the photos for a set fee which should cover the costs of what you paid him initially, plus a little more. Oct 23 14 06:28 am Link Danny Barson wrote: I too have faced something like you're experiencing, I've done any number of the following: Oct 23 14 06:37 am Link
Post hidden on Oct 23, 2014 08:51 pm
Reason: outing Comments: Quoting an outing post. Oct 23 14 06:42 am Link You have been given some sound advice here. Model regret is not all that uncommon with Internet modeling especially when there is nudity involved. Most people in their 20's live free and are all about expression and experiences. It's great to view the world through rose colored glasses. Their mindset however often changes when they hit late 20's early 30's, get a real job and settle down to start a family. Youthful indiscretions are often regrettable. Most photographers will have to deal with this situation at some point when working with online models. When this has happened to me, I: 1) Sympathize with their position. It's a tough realization that you did something that has come back to bite you. 2) Offer them a buy out. I'd let them know that unfortunately, we had a binding legal contract. I paid hard earned money for the right to take their picture and now if they want to breech that contract, I need to be made whole. Pay me back in full plus expenses. I'm not talking extortion, I just want to be fair. I usually shoot a couple rolls of film and a couple packs of polaroid, so I just want my out of pocket costs covered. Then we are even and it never happened. I'll take down everything online that's within my control. 3) If that doesn't work, I offer to delete their name from all online mentions but the pictures will stay up. I'm sorry but it's not personal, it's business. 4) If at anytime in the future, they want a buyout, I'd be glad to accommodate their wishes. I'm not in the business of charity and I'm not responsible for their actions. They need to own up and act responsibly. Oct 23 14 07:50 am Link Really solid advice here! The buyout seems like a great option for keeping bridges up and you receive monetary compensation for what would appear is the model wanting to limit your useage even though you have full copyright. You can then use the money from the buyout to find another model and recreate this image! Oct 23 14 08:41 am Link Danny Barson wrote: ... Did he sign a model release? If not, remove the images. Oct 23 14 09:12 am Link Looknsee Photography wrote: If this is true, which model version is the one you want to hear? Oct 23 14 12:58 pm Link The fact is sure, models talk but the truth is that only about 1% of the total membership of this site visit and an even smaller percentage actually participate in the forums. It's more important for the folks that live here in the forums (with over 15-20,000 posts) to choose their words more carefully to avoid offending the models. They are the ones with reputations to protect and rightly so. It's their house. Members that pop in for help and advice are usually gone before you know it after getting their answers. The fact is that 99% of the members don't talk to each other. So, don't let the fear that "models talk," keep you from doing what you think is right in your own situation. A month from now, this thread will be buried and I won't even remember your name. Oct 23 14 01:18 pm Link Looknsee Photography wrote: I want every model to tell every other model if paid I expect them to honor their agreements. Oct 23 14 01:30 pm Link If it were a trade shoot, I'd most likely take it down. But if I paid a model...Lots of great advice above ^^^ The option I chose would depend largely on the attitude of the model and the sincerity of the situation. Oct 23 14 01:32 pm Link
Post hidden on Oct 23, 2014 08:52 pm
Reason: outing Comments: Quoting an outing post. Oct 23 14 01:33 pm Link Danny Barson wrote: No one here is giving you legal advise, and I think you really should seek such advise from someone who specializes in copyright law in your country. I do not know the copyright laws of the British government. I am not a Barrister, but I suggest that if you can afford one or recieve some free time with one, that you go there with this question. That said ... everything written here are opinions. Oct 23 14 01:34 pm Link Looknsee Photography wrote: FilmmakerDC wrote: Are those my only two choices? Brooklyn Bridge Images wrote: Again, if you have a signed release, you are within your rights to do whatever you want, including what you propose. Oct 23 14 01:52 pm Link He was paid, that is it. If he signed a release he has no claim on the images. The commercial world is hard enough without having these problems. I recently sold an image of a model I took over 20 years ago. The name of the game is business. Oct 23 14 02:16 pm Link No sir, those are not your only options and you certainly are no Fool for having a kind and compassionate heart. Model speak goes both ways as we are all aware. I would guess that models have said both options about me at some point over the last 15 years. For some, I caved quickly and did as requested and for some, I stood my ground. A lot, as you point out, depends on the image(s) in question. If they are merely trees in a forest, there is no harm but if was General Sherman, I'd have to stand my ground. http://www.nps.gov/seki/historyculture/gfgst.htm I can't speak for the OP but for me, a couple images that I've been asked to remove/stop selling/publishing have been what I call some of my ICONS. Images that are corner stones of my work. In that case, I could not fold so easily. I agreed to remove all name references but I still exhibit, sell prints and they will continue to be included in my publications. For me it would be like Mona Lisa asking Di Vinci for her painting back. Oct 23 14 02:21 pm Link You can do the respectful thing and just remove the images OR ask the model for the money back. Oct 23 14 08:41 pm Link Amber Dawn - Colorado wrote: Model got paid for a job -- if he wants the images removed he should at the very least be willing to recompense. Oct 23 14 08:45 pm Link I had a similar situation a cpl of yrs ago...the model messaged me, with no manners demanding that I take his images from my port. Had his attitude been different I wld have had no problem, but I replied that he had been paid for the shoot and I wld do what I wanted with the images. I did take them down after a short time. Anyone doing nude modelling has to think ahead and consider the consequences...as has been said many times in this thread, once the photos are out there....they can never be got back. Most on MM are professionals but there are some dubious unsavoury characters wanting models for their gratification and financial gain, at the naïve models expense......sorry to the OP for that but it kind of links in. Oct 24 14 02:03 am Link Thank you all for the replies, I very much appreciate the comments. I did at the time, as with all models I book, look at the type of work the models do, both with dialogue with the model prior to the shoot date, and I had spoken to the photographers who had worked with him before. As he had done a lot of this type of work before, and from what he told me prior to the shoot, there should not have been a problem. I did ask him to sign a release on the shoot, but he refused, saying that it wouldn't be necessary, because in the UK copyright is always with the photographer. I know now that I should have insisted even though it is right that I do own and have copyright on any image I take. I would normally comply with the models, A female model (who I did a duo shoot with the male in question) asked me to remove her credit from her pics as her career had changed, which I did straight away. She also said to me that I can still use the pics in whatever way I wanted as they were my pictures to do with as I wished, but not to credit her. The thing that is getting to me in this case, is that the male model still says on his portfolios, that he still does nude work, so is he still taking payments from other photographers, and then deciding to ask them not to use them. Other photographers also have his nude work still on their portfolios too. It is not my intention to upset anyone, but if he still does this type of work, why should I be the one that has to remove pics. Oct 24 14 03:03 am Link Looknsee Photography wrote: Releases are not a normal feature on the British legal landscape. As they are not legally required for any particular purpose many Brit photographers just don't use them at all. Oct 24 14 03:40 am Link Danny Barson wrote: What you have here Danny is an opening gambit to a negotiation. So negotiate! Oct 24 14 03:44 am Link Danny Barson wrote: This substantially undermines his credibility Oct 24 14 06:02 pm Link Eyesso wrote: This would seem to me to be the best solution, providing at least an element of fairness coupled with a pretty substantial touch of human kindness on your part. Thing is though, he may not feel that he has any responsibility for compensating you for the "replacement" cost. Oct 24 14 08:18 pm Link Danny Barson wrote: Are you still really benefiting from having the work posted? If it's not really going to cost you anything, why not? Oct 24 14 11:37 pm Link Amber Dawn - Colorado wrote: I think Respect has to work both ways, especial in light of the new information that he still advertises for nude work. Oct 25 14 06:40 pm Link Danny Barson wrote: It is kind of hard to take anyone seriously if they are still advertising for nude work. Oct 25 14 06:44 pm Link OP, you also have to consider the real motivation may be they just want to control the images you took. Ive know photographers where that has happened before. One found the model selling the nude picture that he demanded taken down. Oct 25 14 07:03 pm Link I've been in this situation before, a model I had worked with two years previous was requesting a nude image I had of her up at the time be taken down as her circumstances had changed. I responded to her that I would be happy to take the picture down and never post any others if she was willing to compensate me the exact amount I had paid her for the shoot. When she replied that she would be willing to purchase the rights to the entire shoot to keep any of the images offline I wrote her back and told her I would remove the image, and she didn't have to buy all the images back. I simply wanted to ascertain how serious she was about the having the picture removed. The reality is the pic had been posted for two years, it had several comments, but I was never going to sell it or capitalize on it in any other way. So for it was no problem to take it down. It was the right thing for me to do in this circumstance. Oct 25 14 07:13 pm Link Danny Barson wrote: What would I do?, exactly what Ive done in 3 different situations, remove the credits, but thats it! Youve done nothing wrong, "a new job", "getting married", "movie role", "signed new agency" or a "jealous partner", it doesn't matter, TF or paid. Models make decisions and should be accountable, this isn't high school. Additional compensation maybe, but just removing them is out of the question. If a photo has been on the internet for at least an hour, it has probably been copied over a thousand times already. Stick to your guns and keep your "work", nothing to be sorry about. Oct 25 14 07:45 pm Link Well, that's just too bad for him. It's not like he was forced to pose naked! HE made the choice, you paid him fairly, end of story. I would tell him that you can remove his name, but they are staying up. Oct 26 14 10:59 am Link |