Lady asked me to remove her photo from my site?

[DGMPhotography]

Then why did she sign the contract? I think your contract may prevail in a court of law. Next time you shoot an actor, add some verbiage that "this contract supersedes any existing personal/association/guild/union agreements, contracts and understandings."

Why complicate a contract with, what seems to me, something that's unnecessary? Any agreement between the the OPs client and a third party does not extend to the OP and his client.

Yeah, I have no agreement with their union lol.

 

[Derrel]

Wow...she replied in a most A-holeish manner. What a *****g prima donna she obviously is!

(prima donna: a temperamental person; a person who takes adulation and privileged treatment as a right and reacts with petulance to criticism or inconvenience.)

 

[DGMPhotography]

Yeah, the theatre got back to me and apparently she was being rude with them too. They're a non-union theatre, so her union doesn't apply to ANYONE. LOL. We've just decided to say screw it and leave it alone, and make sure all future actors are compliant from the get-go.

 

[Gary A.]

Then why did she sign the contract? I think your contract may prevail in a court of law. Next time you shoot an actor, add some verbiage that "this contract supersedes any existing personal/association/guild/union agreements, contracts and understandings."

Why complicate a contract with, what seems to me, something that's unnecessary? Any agreement between the the OPs client and a third party does not extend to the OP and his client.

You do that to be perfectly clear. In attorney-speak, you tell them what you're going to say, say it, then tell them what you said.

 

[vintagesnaps]

If photos were done related to the theater production that's different than someone getting a portrait done for personal use. I know sports not theater but it sounds like you need to find out more about how you can use photos you're taking for the theater production or in their venue (if that's the case). In sports the team has the players' rights/contract, and rights to the team logo, team name, etc. and make the decisions on marketing, usage, etc.

The client's interpretation of promotional use is probably different than yours. Seems like she's talking more about how a theater or producer can use actor's images and time, etc. Clarify the wording in your contract, and maybe it needs to be a different one for taking photos for the theater.

 

[Light Guru]

Send her a copy of the contract she signed and put the photo back up on your website.

 

[DGMPhotography]

If photos were done related to the theater production that's different than someone getting a portrait done for personal use. I know sports not theater but it sounds like you need to find out more about how you can use photos you're taking for the theater production or in their venue (if that's the case). In sports the team has the players' rights/contract, and rights to the team logo, team name, etc. and make the decisions on marketing, usage, etc.

The client's interpretation of promotional use is probably different than yours. Seems like she's talking more about how a theater or producer can use actor's images and time, etc. Clarify the wording in your contract, and maybe it needs to be a different one for taking photos for the theater.

Section 7 of my contract:


7. Model Release


The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Assignment, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.

 

[dnlphoto]

Words of mouth travel fast. Sometimes it doesn't matter much what is stated in the contract. Like many have said, "pick your battle". We have clients that prohibited us from using their photos on our websites, social media, and prints.

 

[astroNikon]

Yeah, the theatre got back to me and apparently she was being rude with them too. They're a non-union theatre, so her union doesn't apply to ANYONE. LOL. We've just decided to say screw it and leave it alone, and make sure all future actors are compliant from the get-go.

Sounds like an ego problem

 

[480sparky]

Then why did she sign the contract? I think your contract may prevail in a court of law. Next time you shoot an actor, add some verbiage that "this contract supersedes any existing personal/association/guild/union agreements, contracts and understandings."

Why complicate a contract with, what seems to me, something that's unnecessary? Any agreement between the the OPs client and a third party does not extend to the OP and his client.

You do that to be perfectly clear. In attorney-speak, you tell them what you're going to say, say it, then tell them what you said.

Perfectly clear on what? What already is perfectly clear without including a word about it?

Why not state that your contract supersedes any contract the client has with their bank? Or their tax attorney? How about the publisher they're contracted with for their biography? Or any other contract the client has with someone else that has no bearing or legal weight with your own dealings?

 

[Braineack]

the billboard just got 2 feet taller.


serious question: were you hired by the actor directly, or through the theater?

 

[JonA_CT]

the billboard just got 2 feet taller.


serious question: were you hired by the actor directly, or through the theater?

I was wondering the same thing. I'd guess it becomes stickier if the theater company hired you -- then, the actor didn't sign anything, right?

 

[astroNikon]

All my contracts stipulate that the customer, and anyone associated or not associated with them, are liable for any and all expenses in relation to anything related to, or not related to, any claims against me or anyone else that I may or may not know.

kinda absurd at this point ... just someone with a BIG ego.

 

[DGMPhotography]

My contract is with the theatre, not the actors individually. And part of that contract, since they're not paying me what I'd like to be paid, is that any of the photos we take (including headshots, and promotional/stage photos) are available for my portfolio and promotion.

 

[tirediron]

My contract is with the theatre, not the actors individually. And part of that contract, since they're not paying me what I'd like to be paid, is that any of the photos we take (including headshots, and promotional/stage photos) are available for my portfolio and promotion.

My earlier advice on the business side notwithstanding, having read the response from 'er nibs, I would say stick to that to the letter.