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This is serious!
Fuser Lvia wrote: This of course is the only thing where an out may be available. A 17 year old cannot enter into a binding contract without a co signer. Your best bet is to tell the photographer that is the facts, end of story and that if they proceed to piss you off you will take appropriate measures. A sensible person, in business should be able to figure it out that its just not worth the hassle. Oct 16 07 06:14 pm Link Fuser Lvia wrote: I looked at your port. I think you're a cutie. Oct 16 07 06:18 pm Link Christopher Hartman wrote: I second this. Oct 16 07 06:25 pm Link AndrewThomasDesigns wrote: Agreed. Oct 16 07 06:45 pm Link you're 17.... TELL the "photographer" to take you to court. first off, you cannot sign a contract (model release) without a parent/guardian, and secondly depending on you states child labor law, they could be in violation and ordered to pay a HUGE penalty for photographing a minor without parent supervision. let the judge tell em the rules. and how dare they threaten a minor like that... they are definitely not so business savvy..... now, i am off to find the image in question...... Oct 16 07 06:59 pm Link i just want te photographer to either leave me alone or take the pics down. she is getting into my personal life and saying all of these untrue and cruel things about me and my boyfriend. its just immature and ridiculous. oh well, if i go to court, then it will just be the funniest court case ever Oct 16 07 07:35 pm Link Fuser Lvia wrote: Do a photographer search in Arkansas. There is a female lawyer there looking for talent. Contact her and offer tfcd +legal advice. She will probably have a ball with this one........................... Oct 16 07 09:50 pm Link Christopher Hartman wrote: Funny, that's exactly what I thought when I saw her profile. Oct 16 07 09:56 pm Link Well I don't have much to add to this, but I'm just curious who this photographer is? Oct 16 07 10:01 pm Link AndrewThomasDesigns wrote: If the "model" in question is also in Arkansas, her ability to get work will be of little consequence anyway. AR isn't a hotbed of activity in the industry... I'm also guessing she is very inexperienced, so better photos will come anyway... Oct 16 07 10:14 pm Link Lets get a few things straight about a model release. Its SOLE purpose is if the subject of the photo sues the photographer or any one the photographer has sold photos to, the photographer has this as evidence that the subject gave permission for the photos to be used for whatever purpose. It doesn't prevent the subject from sueing the photographer, but when the matter goes to court, the release holds quite a bit of weight in the photographer and the photographer's assignee's side of things. Its not a magic wand. As a photographer you can shoot a model and sell the photos to whom ever you want with out a release. But if the model one day decides that they don't like it, they can sue you and you will have a harder time proving you had permission to use them. You have to decide what the risk is. Most sane photographers who want to move their work commercially will make a practice of getting this very basic level of protection. It is however a contract. Each side has to receive something for it. If you are unhappy with the photos, you probably could go to small claims court and get the payment back. If you were under 18 at the time and a parent did not sign the release, then the release is invalid, meaning that if you choose to sue the photographer then the photographer's "safety net" isn't there and your odds in court are much better. So since the release is invalid and if you want to spend the money on court fees and lawyers, you can sue the photographer. But you probably don't want to go that far. Why not write a letter and send it via certified mail (so you get proof they received it) that is a Cease and Desist letter. State that the model release, as a contract is invalid since it was not signed by your parent, and that your parents forbid the usage of the photos. Give the photographer a reasonable amount of time to take them down. Let them know the next correspondence will be from your lawyer. In fact, it will carry more weight coming from your parents. In reality if you want to sue, you have to send a Cease and Desist letter first anyway. While I'm not a lawyer, all of this is covered in the ASMP (American Society of Media Photographers) literature and just about every book on running a photography business ever printed. Oct 16 07 10:27 pm Link Miracle_Man wrote: Please do not dispense incorrect legal advice. Thank you. Oct 16 07 10:38 pm Link What is incorrect? Oct 16 07 10:45 pm Link Miracle_Man wrote: I could be wrong, but my first guess would be that there is no law that says you have to be happy with what you get from the contract. Unless the contract guarantees somekind of satisfaction a photo is a photo. Just a guess. Oct 16 07 10:53 pm Link If that photographer had any decency, he'd comply with her wishes and take them down. He'll end up with a bad rap if he doesn't. Oct 16 07 10:57 pm Link Eric Paul Owens wrote: Without knowing more it would be hard to speculate on this, but if the model saw a portfolio or advertisements for the photographer that showed a certain quality of work, its only reasonable to expect a similar quality. There are consumer protection laws (civil, not criminal in most cases) that might come into play here. Oct 16 07 11:04 pm Link From which law school did you get your degree, and in which states are you admitted to practice? Do you also offer medical diagnosis? Oct 16 07 11:06 pm Link Miracle_Man wrote: You have not read this whole thread. She was 17 years old. At 17 her guardian had to sign too. IF that didn't happen comon sense tells you the photographer would be an idiot to not get out of this the fastest route they could find. Oct 16 07 11:10 pm Link Christopher Ambler wrote: My pancreas hurts when I sneeze. Help me. Oct 16 07 11:12 pm Link Patrickth wrote: I read the whole thread. In my original post, I point out that since she was 17 at the time, the model release, being a contract is invalid. She could not sign for herself. Oct 16 07 11:18 pm Link sad sad all around this certainly reinforces that working with underage models & models with boyfriend escort/managers are usually both recipes for disaster. To the OP, it sounds like this's a total trainwreck coming, my advice (especially if she was underage at the time of the shoot) is to take the pics down on your end, have your lawyer send her a cease & desist on her use of the images, then forget this ever happened. Oct 16 07 11:22 pm Link Eric Jackson wrote: i know!!!! the thing is i wouldnt even care if she had them up, but she told me i had to take all of mine down or she would sue me.....so i asked her to take them down to and she said that she didnt have to because i had nothing to do with the pictures, whichis funny to me because i could have sworn i was in them...... Oct 17 07 04:27 pm Link Eric Jackson wrote: i know!!!! the thing is i wouldnt even care if she had them up, but she told me i had to take all of mine down or she would sue me.....so i asked her to take them down to and she said that she didnt have to because i had nothing to do with the pictures, whichis funny to me because i could have sworn i was in them...... Oct 17 07 04:28 pm Link Eric Jackson wrote: i know!!!! the thing is i wouldnt even care if she had them up, but she told me i had to take all of mine down or she would sue me.....so i asked her to take them down to and she said that she didnt have to because i had nothing to do with the pictures, whichis funny to me because i could have sworn i was in them...... Oct 17 07 04:28 pm Link Miracle_Man wrote: what if the "photographer" isnt the one using them? his wife is, there lies a loop hole in her contract. it says that the photographer can use my images with my permissioin (which was never given) and the photographer was the real photographer's husband and now the real photographer who owns the company is using them. dont get it at all. Oct 17 07 04:30 pm Link sounds like a cluster f* Oct 17 07 04:31 pm Link Lucas Chapman wrote: i have only modeled for a photographer once before that shoot. i had been acting and modeling for artists for about 4 years so i guess i am inexperienced, but what a great oppurtunity for them. take advantage of the poor dumb model and lie to her excessively. i was stupid for even shooting with them but, i still think that i have a right to at least some of the images i paid for. or i should at least get the ones i requested edited edited. even that would be better than nothing at all. Oct 17 07 04:32 pm Link worm carnevale wrote: indeed. and the photographer is threatening to take me to court over it all, which to me is hilarious. my dadis a judge and an attorney. he was the DA and the PA and i kind of know what they can and cant do so....it should be fun. Oct 17 07 04:33 pm Link Patrickth wrote: anyway you can help me find her?? that would be grreat! Oct 17 07 05:19 pm Link |
. but, the photographer did not take any of the pictures , she then told me that her husband was going to be shooting me, and that they were a "team". or some bull shit like that, anyway, he couldnt hold still, the shots were all blurry and just at bad perspectives. plus it started to rain and he wanted to continue, thought it would be "sexy'..it sucked
