| Total Views: 345 - Total Replies: 27 |
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| POSTED BY: ciaran on 20/10/2008 15:06:13 |
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People are going to think I'm the grumpiest guy alive on F32.. but its time for another rant.
I make it clear when I do a shoot, that the shoot is fully paid and as such, models will not receive images. After all, if a model wants an image for her profile, they should engage in TFx or do a part paid/part image kind of shoot.
Anyway, I'm not all bad.. depending on the shoot, depending on the model, I will often let them have 1 or two web-sized images (depends on how I'm asked them).
Today, whilst browsing another modelling website, I stumbled across one of my images on a models profile. The shoot in question was fully paid, there was no permission asked for the shots and certainly no consent given. it's REALLY pissed me off. Subsequently, I see she also has it listed on OMP where it's gotten a show case.
So, I pay her (way above normal rates too I may add) and still she gets to promote herself with the images?
What would you do? Post a rant and look grumpy? Send a mail and tell her to take them down? Do nothing?
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The Wonder Of Light http://www.thewonderoflight.com
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I would (and have) put my solicitor onto the case. They are breaking copyright law. In my case the images were removed and solicitor costs paid by the offending 'model'. She had signed a model release.
A model contacted me today on this site asking did I want a shoot, I asked what she had in mind and her rates. She then came back to me saying she wanted certain shots for her portfolio and it's €40 per hour plus travel. I asked her to confirm that she specificaly wanted portfolio shots taken she replied yes so I said no problem, these are my rates... The reply I got was that she never pays for shoots and didn't seem to understand why I wouldn't pay her for shots she wanted as well as give her the images! I rang a painter and asked him how much he would pay me to allow him to repaint my studio, he didn't like the idea!
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There is still nothing written here
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I am with you Ciaran!
This is so not fair for a model to use the images if she was was fully paid and without your permission. This is so disgraceful !
You should explain every model before the shoot that she is not allowed to use the images and to sign some agreement so she will fully understand this.
And send the model email and tell her you are prohibit to use your copyrighted images.
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Professional Make-Up Artist and Stylist
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It does sound to me like a clear case of breach of copyright. I presume a model release was signed and that it clearly stated payment and copyright terms and conditions. My first instinct would be to ask her to remove your images, but on second thoughts, maybe you should ask her for a licensing fee for the usage of the images. Checking the rates for stock images with a stock library should give you a good idea of what to charge.
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Ryan_Montgomery wrote:
I rang a painter and asked him how much he would pay me to allow him to repaint my studio, he didn't like the idea!
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Thanks for making my day, which has, so far been pretty drab, to put it mildly. Reminds me of a photographer that asked a bride and groom if their tiler also supplied all of the tiles, adhesive, grout and other materials in his hourly rate!
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tmerz@gmx.net
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You're a grump :oP only joking! I totally agree with you. I often get to use images through taking a lower pay, being nice (  ) or doing free work. If I want to work with them I will do it for free or pay in some cases (though I am fortunate enough not to have to pay often). If they want to work with me I want to be paid and/or prints. If we both want to work with each other then I would like a bit of help with travel and some images. I would never use images unless I knew it was okay to. I wouldnt get a solicitor it is too much hassle. Ask her to take them down, explain why. if she doesnt then threaten her with legal action. You have a lot of problem with this maybe you should get a few contracts drawn up for specific models to say it has been a paid/tfp shoot and what the rights to each of you are. it may not mean the modelling signing away the images completely but I think it is respectful to ask the photographer in an image can be used for certain things even if you have a verbal agreememnt. Thanks for posting this topic it makes me look less grumpy!
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Model With A Difference
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| POSTED BY: timcully on 20/10/2008 17:47:20 |
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Ciaran, i Don't know if the model is full time professional or someone who does a bit of modelling and usually only does TFx, If she is a full time professional then I think she should know better and you should send her an email asking her to remove your images from her portfolio.
If she is local and usually shoots on tfx or part paid I think she may have been naive in thinking that she could use the images, I think we all have to bear in mind that some photographers on the local scene pay models and also send them some images as the photographer may like to see his images in her portfolio especially if she is a good model and it may lead to more work for the photographer,
The problem IMO is that this has become the norm, when newer models cross over from tfx when they are used to getting images to paid work where in the past photographers have given them images as well.
Best bet is to see what is stated in your release form, then send her an email to ask her to remove them, or pay for the use off, if you get no joy then send her a letter.
I think if everyone in the industry could stick to the same rules then it would be much clearer, but I guess thats not going to happen.
So Models, if you get paid, don't expect to use images from the shoot, as you have already been paid unless the photographer sends you images,
Photographers if you shoot a model on TFx then make sure the model gets some images either via email/cd or print.
Models don't expect lots of images from your shoot as most photographers don't have 10 hours to sit and edit images, IMO 10-20 images for a tf/cd shoot is enough, if its time for prints then 5 prints should be about right.
Sorry, I have probably gone off subject.
Hope you get it sorted without it turning nasty.
tim
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www.timcully.co.uk timcul4@hotmail.com
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| POSTED BY: Sensor on 20/10/2008 18:12:36 |
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This could be at best a simple case of misunderstanding but at least a case of copyright infringement. Also, if that Model has sold any copies of that image then it may very well be a case of fraud. One question that enters my head is, how did they get a copy of the image in the first place?
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| POSTED BY: ciaran on 20/10/2008 18:37:46 |
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Sensor wrote:
This could be at best a simple case of misunderstanding but at least a case of copyright infringement. Also, if that Model has sold any copies of that image then it may very well be a case of fraud. One question that enters my head is, how did they get a copy of the image in the first place?
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We're only talking web sized images here, which are no good for print sales. They were saved off the web, from one of my profiles. Whilst she can't sell them directly, indirectly she can generate revenue from them, simply because she's using them for promotion. Anyway I contacted the model (full time model that travelled to Ireland from Australia to shoot), she has apologised and has agreed to remove the images from her profiles. I didn't ask her to do this, but I think out of embarassment, she thought it best. Thanks for the inputs and grump/rant over.
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The Wonder Of Light http://www.thewonderoflight.com
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| POSTED BY: gheynen on 20/10/2008 19:47:40 |
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This time Ciaran really lost it...;)
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Freelance Photographer
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| POSTED BY: gheynen on 20/10/2008 19:52:27 |
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Sorry Ciaran I understand you man its pretty annoying alright but you know perfectly well that if a model gets hold of a set of pictures changes are she will use the to promote herself. And by the way its only half bad since she wants to show these pictures means you are good.
And in turns it could bring you business with another model.
So althought yes its annoying in the other hand she is doing you a favor.
Your glass is half full not half empty mate ;)
Guy
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Freelance Photographer
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