Legal question

BobFall · Mar 3, 2011

I am a photographer and I was working with a model to make a 2012 calendar, we had 2 photo shoots which included videos and she paid for it all.
Unfortunately I forgot to get a release form signature from her and now she tells me she don't want the calendar to be made anyway. can she do that?
PS there is no nude photos.

bigtwinky · Mar 3, 2011

No one here is a lawyer.
Laws vary from state to state, province to province and country to country.
Best to consult with a lawyer

But generally speaking, if you do not have a written agreement where she has signed saying that she is ok with you using the images from xyz shoot, then yes, she can do that. It is your word against hers, and I believes courts will side with the model.

At least you got paid.

Lesson learned... for anything commercial (and pretty much anything)... get a model release signed.

FoxHall · Mar 3, 2011

Even if there is a "behind the scenes" video where we all are happy and states we are working on a 2012 Calendar.

bigtwinky · Mar 3, 2011

Working and publishing are two different things. If you can't prove that she agreed to have the images shown, then I would think it's a no go.

And wth is up with the double IDs?

BobFall · Mar 3, 2011

Sorry, I didnt see my partner logged in to see what was going on..
Thanks for the answer.. looking around on the internet it look like I can use them if I can find a publisher to publish them

.
Model release - Wikipedia, the free encyclopedia

mwcfarms · Mar 3, 2011

You do realise Wikipedia isn't a valid source for legal advice. Please tell me you know this. I mean hell we can't even use it as a resource for writing papers.

skieur · Mar 3, 2011

mwcfarms said:
You do realise Wikipedia isn't a valid source for legal advice. Please tell me you know this. I mean hell we can't even use it as a resource for writing papers.

No wonder, it is NOT even a valid source for historical information either on any country.

skieur

xjoewhitex · Mar 3, 2011

If you have no release then you have no calender, you cannot sell something with her on it without her permission. And as you said she paid for it all so there is really no loss besides the possible future profit at least you were paid for your time. Make this a lesson to always carry release forms with you, I too have made this mistake and later the girl decided she didn't want to go thru with it.

Studio7Four · Mar 3, 2011

Technically speaking you're right, you can make your calendar without a release. As you noted, it's probably possible to find a publisher/manufacturer willing to print it. The catch is that you probably can't do it without repercussions. If/when the model finds out (and I have to believe she's keeping an eye on you), there is a strong chance that you and the manufacturer will find yourselves fighting a lawsuit. Since it sounds like you intend to maintain ownership of the photo throughout the process (as opposed to, say, selling it to a magazine which then publishes it), my layman's understanding is that you would be liable. (And even if somehow you are not liable you can be darn sure you'd at least be named just to hassle you.)

By the way, how were you able to convince a model to pay for a shoot herself which would lead to a calendar to put more money in your pocket? Those are some golden words.