No written agreement

Discussion in 'General Shop Talk' started by jdtPHOTO, Jan 26, 2021.

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  1. jdtPHOTO

    jdtPHOTO TPF Noob!

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    Ok, I did a boudoir photo session a few years ago of a guy. This guy is looking to go into the p**n business, he was also talking about me and him working together. I would take/edit and post the photos while he models, so I assumed it's ok to post the NSFW images we already did to my age-restricted-private boudoir site. He found out and told me to take them down, he said we never made an agreement to that and his close friends were seeing them. We never made a written agreement and he knew I was going to do this. I did it because they are also my photos that I shot and edited. Was I wrong for doing that?


     
  2. Designer

    Designer Been spending a lot of time on here!

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    Did he sign a model release?
     
  3. Pixeldawg1

    Pixeldawg1 TPF Supporters Supporting Member

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    Take them down. If you don't have an agreement, he can file suit and will win. If you don't have a model release and you attempt to make money or otherwise profit from them, he can sue and collect damages. ALWAYS, always, always have a model release. SOP when I photograph people is to have them sign one before any images are made. Also have a lawyer write it, so that within your specific state, it is iron-clad. These laws can differ from state to state.

    The ONLY exception to this is that if the images are used in editorial work, (newspapers, magazines etc.) then you do not have to have a release. The only exception to that is if you shoot on their private space or property (on their land or in their house, or over the fence in their back yard for example.). An invitation by law enforcement negates this though and by doing this, they declare it "public property". Bottom line, get a release before you do anything else.
     
  4. RichieS

    RichieS TPF Noob!

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    The type of industry he wanted to go into requires proof of age, therefore a release form. I would be wise to take them down asap

    Next time, learn from this mistake. There are plenty of template adult release forms on the internet. Please ensure you have proof of age on the release form and a photo of their ID to say they can legally be in that kind of industry.
     
  5. Original katomi

    Original katomi TPF Supporters Supporting Member

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    Take them down
    Sorry
    Next time do like others have said
    There is a phrase that comes to mind CYA
    Cover your (four letter word for bottom that starts with A)
     

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