Free photoshoot done but model wants all her photos deleted. What to do?

WizofLight

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My friend and I picked up photography as a hobby and wanted to learn taking people photos in a studio setting as well as be able to show our work in a portfolio if needed. We posted up an ad on craigslist that we will offer free photoshoot session, no money is involved by either party and in the end we mail out post processed photos to the models. We received 3 serious inquires and planned out a saturday session. Early that morning, lights, stands, backdrops, etc. was purchased and setup. All set and done, the photoshoot was successful and everyone had a great time. Two days pass by, 1 of the models sent us a message stating that her family didnt like what she did and wants us to delete ALL photos of her. My friend and I were shocked since non of the photos were provocative nor sexual, other then in some photos she wore some high shorts that revealed her tattoo on the thighs. Some of the photos were a group shot of all 3 of them together, photos were already mailed out to the other 2 models. We tried negotiating that we will only use your photos in our portfolio. She wants us to delete all the photo including the group photos with other models and in addition, she want us to sign a form stating we will not use her pics and wll delete everything we have infront of a notoriety. We have a release form she signed.


Our release form states:
I grant to J**** H*** and B* C*** the right to take photographs of me
and my property in connection with the above-identified subject. I authorize
J**** H*** and B* C***, its assigns and transferees to copyright, use and
publish the same in print and/or electronically.

I agree that J**** H*** and B* C*** may use such photographs of me
with or without my name and for any lawful purpose, including for example
such purposes as publicity, illustration, advertising, and Web content.

I understand I may only use the photos and files for personal use only. I
may not sell the rights to the photo unless given so fromJ**** H*** and B* C***.

Our understanding is that we have the rights to the photos. We also tried working with her so that we can keep the photos and use in our portfolio. I dont want to delete them because we worked really hard and put alot of efforts into this session. Please advise.
 

Robin Usagani

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Easy.. this was a TFCD. Since she wants them deleted, treat it like a paid session. For example if a girl wants nude pictures of her but she doenst want me to have the copies, I will gladly sign a contract saying I will delete all the files of my HD once she has all the photos and files (for a price). Just tell her to pay you for your time and service, give her the files.. call it good.
 
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WizofLight

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Yes shes over 18, we checked her license.
 

Trever1t

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then I'd venture that you're good to go. I'm no legal expert but if she signed a release form I'd think she released ownership and have no claim of one.
 

Opher

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Easy.. this was a TFCD. Since she wants them deleted, treat it like a paid session. For example if a girl wants nude pictures of her but she doenst want me to have the copies, I will gladly sign a contract saying I will delete all the files of my HD once she has all the photos and files (for a price). Just tell her to pay you for your time and service, give her the files.. call it good.

Im with Schwettylens,
If she wants to buy the right back then i would be up for it but i wouldn't just delete them. You invested your time and equipment into it and you deserve compensation for it. That compensation would have been the photos.

If she's over 18 and she signed a release, there's not really much she can do... UNLESS of course, your release isn't completely "legal" (as in, you didn't run it by a lawyer, and because of that there is a loophole that you don't realize that won't hold up in court). And you're also going to have to deal with the possibility that THEY will try to take you to court to fight your decision to keep them...

I think you are doing a good thing by not using the photos for anything but your portfolio, but this leads me to ask... how are you showing off your portfolio? If it's online... then that's good enough reason for her not to want you to use them in your portfolio... but here again... she signed a release.

But if it's a print portfolio... she may be more willing to meet you half-way in saying "You signed a model release, so we're not deleting them, but we also won't post them on the internet".

It's a tough one for sure.

Ya when reading that contract im thinking it would not me hard to get it turned over in court lol.



But just say that if if the shoot was a portrait shoot then you would have charged $X and if they would like to have the agreement that that would be an option. Be nice about it though :p
 

kundalini

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Two days pass by, 1 of the models sent us a message stating that her family didnt like what she did and wants us to delete ALL photos of her.
The contract is between you and the model, not a third party.

Seek professional advice from an attorney in your state that is knowledgeable in these matters.
 

Phranquey

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As I read your release, and if she is indeed over 18, I would tell her "Bummer, you signed on the dotted line, the photos are mine."

Now, it depends on how far you want it to go.... If daddy was unhappy with the photos, and decides to pay for an attorney for his baby girl and take you to court, was it worth standing up for yourself ??
 
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WizofLight

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If we get brought to court, our only loss is the photos correct? Is there any damage they can file?
 

Josh66

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I don't really see how they could sue you for damages... I guess that wouldn't necessarily stop them from trying though.

If you went to court, I think your only 'loss' would be whatever the attorney you hire costs.
 

Phranquey

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If we get brought to court, our only loss is the photos correct?

That, and the money for your own attorney to defend yourself.


Is there any damage they can file?

They can try, but I don't think so....

Obviously, you're not there yet, but I'd make a couple of calls to some attorney's offices, let them read over your release (some offer free or discounted consults), and see what they say. Might be worth a few $$ to see where you stand, and maybe get your release tweaked for future shoots.
 

Dominantly

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I think the best idea so far is offering to have them purchased back. Like mentioned, you worked for the photos (as your compensation) and should not have to give them up.

If they don't wish to purchase them back, they probably don't wish to spend the money on a lawyer.
 

Trever1t

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I wouldn't really sweat it. Let it play itself out. The ball's in their court. My bet is it isn't pursued past the request.
 

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