Panagiotis Peikidis wrote:
And honestly, it's not about the rates. It's the fact that I will not have control over the distribution rights of the photo. That's my biggest issue. I'd like to sell this book.

Are you confusing a conditional model release and distribution rights? On professional projects, photographers estimate the expected scope and duration of a project and negotiate for those rights. Whether you intended to or not, you are going around her agency's contract with her to get lower rate or greater usage. If you got an all-rights release from her, you are likely going against specific instructions they gave to her. Congrats. I'm sure that they made that quite clear to her. Now you announced in a public forum.

i would not assume that kind of risk just because I didn't negotiate with an agency.

Dan Howell wrote:
So what you are saying is that you didn't want to pay agency rates up front for a shoot/usage and that you don't care if the model is dropped from her agency as long as you get your photo published.

Dan Howell wrote:
If you got an all-rights release from her, you are likely going against specific instructions they gave to her. Congrats.

Dan, please stop making the worse assumptions about me. Yes, I am very likely confusing a conditional model release and distribution rights because I am not an experienced professional photographer and I came here for help, but you are making it very difficult to learn. I am looking up these definitions as I write this.

I am making a photobook. I don't think it's unreasonable to seek out models and crew members that are within my budget and allow me to use the photos for this purpose. I am always upfront about the purpose of the shoot. When I found out that there might be a problem with her agency due to her contract, I made sure to ask her what I can and cannot do. If she would have told me that I couldn't use the photos because she would get in trouble, I wouldn't go behind her back and use them. But she is an adult and an experienced model; if she has a relationship with her agency where this is fine, I don't see why I should feel like I am doing something wrong.

What I do know is that I should make sure this doesn't happen again, because what happened was I didn't find out about this until after the shoot that I paid. I am now trying to figure out if I can use what I paid for or if that money just went down the drain. Neither me nor the model are purposefully trying to take advantage of each other. I understand there were assumptions made by both parties and now I'm trying to see what are my options. If I can't use the photo, fine; lesson learned.

Regardless, I think this was a very informative discussion.

Vector One Photography wrote:
You need to talk with a lawyer from your jurisdiction. There is a cause of action called intentional interference with a contractual relationship that may come into play here.

I see. This sounds like more trouble than it's worth. It's easier (and cheaper) for me to just not use this photo in the book. But now I'm wondering if I can use it at all? Like in Instagram or my website.

Vector One Photography wrote:
I would find it hard to believe that she assigned her rights to have the agency sign releases. I would never accept a release signed by anyone but the model herself.

Good to know. I'll keep this in mind going forward. Thank you.

Panagiotis Peikidis wrote:
Hello 👋

I recently had a shoot with a model who is exclusive with an agency. However, we agreed that the shoot would be outside of the agency. The purpose of the shoot is to be included in a photobook that I'd like to sell. If the model signs a model release contract that would allow me to include the photo in the book and sell it, will I have trouble with her agency?

I'm hoping that if she signs a model release contract, then, even if she gets in trouble with her agency, it would not affect me and I can still use the photos in my book.

Am I wrong?

Thank you.

Very good question!  From your other responses, it sounds like you are on good terms with her.  Without being able to exam her agency agreement yourself or with a lawyer .. this is difficult for anyone here to advise you on. 

If it were me, I "might" error on the side of caution by not including her images in my book.  It so happens I am working on a book too, and I am taking issues like this in consideration.  I do hope to make money from publishing a book, so that is also why I would side with not using her images.  I'm sure that you have a good case if you should use her images however.  I just don't wish to deal with contract messes if I can avoid them. If your images are so worthy that you would want to show 'em regardless of cost or risk, then go for it!  Post them because you paid for it, and you are the copyright owner regardless!

Final statement;  I don't know the circumstances, the model or much of anything regarding the agreement you made.  What I will say is that it is the risk takers that succeed or fail.  Better to put it out there than to never have let others see you work.  It's on you!  Best wishes!