Model Photography

[LuminatX]

Ok so I'll explain my situation, and let me know what you think.

So obviously, I'm a photographer, and I have some tasteful lingerie photos of my now "ex" girlfriend, posted in my portfolio.

Legally, since I'm not selling them, do I have to remove them?

I was reading up on the laws and I came across this

"Nobody can force you to delete photos. They are your private property, and willful destruction of private property falls under the Criminal Mischief."

If you need more info please, feel free to ask.
All help is appreciated.

 

[Village Idiot]

Ok so I'll explain my situation, and let me know what you think.

So obviously, I'm a photographer, and I have some tasteful lingerie photos of my now "ex" girlfriend, posted in my portfolio.

Legally, since I'm not selling them, do I have to remove them?

I was reading up on the laws and I came across this

"Nobody can force you to delete photos. They are your private property, and willful destruction of private property falls under the Criminal Mischief."

If you need more info please, feel free to ask.
All help is appreciated.

Do you have a model release? You don't have delete them, but using them commercially or to promote your business without a model release can pose a problem as well as showing them off without the person's consent. It could constitute defemation of character or just make you look like a douche.

 

[LuminatX]

Well I obviously don't have a model release, because she was my gf at the time, and she was fine with it.
But now that were not dating, shes the one being a douche lol.

and I don't have them on my personal website portfolio, but I have a couple on my deviantART account.

So I don't see why it would be a big fuss, besides the fact she just wants to annoy me.

 

[Overread]

I'd say let the issue drop - reshoot with a paid professional model if there were key shots you are keen to keep in your portfolio and otherwise just keep the shots in your private collection. It save a lot of headache for yourself and your ex.

 

[LuminatX]

yeah, I think thats what i'll do.
all this legal blah blah gives me a headache.

 

[KmH]

I'm not sure about Canada, but in the US she could sue you for using the images in your portfolio without her permission, because you do not have a signed model release.

The nature of the photographs would be irrelevant.

all this legal blah blah gives me a headache.

That's the kind of attitude that winds people up in court, and on the expensive, losing side.

 

[Patrice]

Using your portfolio, which contains the image, as a means of promoting your work is the same thing as using the image by itself. you'll need a model release for every single image of recognizable person photographed where there would be a reasonable expectation of privacy.

Besides, displaying a racy image of an ex without her consent is pretty low brow in my opinion. Does not matter why she's an ex.

 

[Big Mike]

I'm not sure about Canada, but in the US she could sue you for using the images in your portfolio without her permission, because you do not have a signed model release.

The nature of the photographs would be irrelevant.

all this legal blah blah gives me a headache.

That's the kind of attitude that winds people up in court, and on the expensive, losing side.

Welp, now I'm confused because I thought we *didn't* need a model release to use photos in our portfolio... only if we were going to sell them for other commercial uses as in... a Coke ad or something. This stuff gives me a headache too. :lmao: Doesn't mean I want to ignore it... it's just confusing.

Ya, I'm a little confused by the advice here as well. From what I've gathered, you don't technically need a model release unless you are the publisher of said image. And even so, it would have to be published in a commercial manor, as opposed to a editorial manor, for the subject to have any legitimate complaint. :scratch:

 

[bentcountershaft]

I'm guessing it's because on online portfolio could be argued to be a public advertisement of your services. If you aren't a pro and you don't have customers looking at that site to evaluate your work then it's probably no big deal but regardless, if the OP is on speaking terms with his ex then I would recommend just asking her how she felt about it. If she wants it down, take it down. If she doesn't care, have her sign a model release.

 

[Big Mike]

From what I've heard/read...that still counts as editorial use.

But yes, I think we all agree that she doesn't want them to be public, it's best not to use them publicly, whether or not it's legally required.

 

[KmH]

So if they're in *public*, then you don't need a release for your portfolio?

Maybe. If you are out in public, but the shots are setup (controlled conditions), like with lighting, props, and posed you would still need a release.

You would also need a release if you were being paid by the people in the images to make the photos.

A Digital Photographers Guide to Model Releases by Dan Heller is a necessity to own and study, if you take photographs of people.

 

[ChadHillPhoto]

I'd say take them down as well.


If she is unhappy that you are using the images and causes a stink it could damage your reputation regardless of legal standing.

Damage to your rep especially online where word can spread beyond your immediate circle, may lead models or girlfriends in the future not posing for you.

Plus break ups are difficult enough without such issues in contention.

Find a new model and create new images, this will also make you a better photographer.

 

[tirediron]

I'm not a lawyer, nor do I play one on television, however having recently attended a seminar on Canadian photographic law, I will offer these thoughts: Canadian IP law is not nearly as much in favour of the photographer as is US. Displaying them on a website, especially if these images were taken "in confidence", could indeed be interpreted as commercial use since the argument can be made that you are advertising your own work.

The bottom line is this: There is very little black and white in law, especially in Canadian IP law. If she did take you to court, it would be a matter of what the Master or Judge felt. If she's unhappy about them being displayed, take them down. It could save you a LOT of time, effort and money in the long run.

 

[Leftyplayer]

It doesn't matter what the law is, it would make you the douche not taking them down if she asked you to. So just take them down.

Now, for the future, you know to get model releases even from girlfriends or, better yet, leave the girlfriends out of the business.

 

[daarksun]

New rule: Even if it's your wife or girlfriend get a model release. One day in the future they may not be. lol