Legal help:(

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blinkerz

blinkerz

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Tristan
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I did a shoot a few weeks ago with a model on a commision basis for her personal website she is setting up. Unfortunately after a week of setting up the 2nd shoot, she canceled and upon making arrangements to meet up with one one of the people involved, i found out she carried on with another photographer.

Later on the day she said she was not going to use me as the photographer, but wants all the images and is threatening legal action if i dont hand them over, as she obviously wants to use them for her website and make money.

Due to the wording of the small contract she typed up, i dont know where i stand.. She owns copyright of the images and i cant use any images for my portfolio, apart from one which i got permission over email before this arrangement got canceled..

Here is the contract below... I will also say i signed both copies, but she never signed them where it asks to..:shrug:

'
THIS IS AN AGREEMENT BETWEEN MR PHOTOGRAPHER AND MISS MODEL

COPYRIGHT AGREEMENT

All pictures and videos taking by MR PHOTOGRAPHER dated ...... And for the foreseeable future will be be the sole copyright of Miss Model.

All pictures and videos taken by MR PHOTOGRAPHER will be used exclusively on Miss MODELS website www.****** unless otherwise stated by Miss MODEL.

MR PHOTOGRAPHER will receive 10% of all revenue from www.***** unless otherwise stated by Miss MODEL.

MR PHOTOGRAPHER
Signature:_________
Print Name ________


MISS MODEL
Signature:_________
Print Name ________
'

Due to the way she conducted herself and the fact she will profit from the pictures, i think its unfair i end up not paid any compensation, but fact i cant even use more than one image for my portfolio, so its worse than a TF
 
As far as that reads, she may own the copyright... but that doesn't give her the entitlement to them in a physical format? She didn't stipulate that in the contract.

Bill her the going rate for the CD and postage ;)
 
There are times when we have to put things down to a learning situation. This is one for you I'm afraid. You have signed to say that she has sole copyright of the images. You have no ownership whatsoever. You need to pass over the photographs and find out how you will get the commission payments as they arise.

In future, never ever ever sign over your copyright unless there are extenuating circumstances - you may get asked by a commercial client to sign over full usage rights, and on some occassions that might be full and indefinite usage rights. However when working with models make sure you are in the driving seat over model releases - take your own and get the model to sign yours - you don't sign hers!

As for not getting anything out of it? Sure you did, you got a hell of a lot of learning out of it. Nothing that happens is worthless, there is always something we get out of situations even if it's never to find ourselves in that situation again. But I'm guessing you also learnt more about your photography too, and you can use your anger to push you to do an even better shoot next time with the next model you work will ... who will sign YOUR model release form ;)

As for legal advice - that should always be sought from legal advisers.
 
If she's not going to pay you 10% commission, she would be breaking the contract.

Tell her your hard drive failed and you lot everything!
 
The model is an established published model, so potentially will be making alot of money out of the images :( .

I feel ive been taken for a ride, i know its basically by my own doing with not reading the contract carefully, but would appreciate some advice on the matter.

Can i send small jpg images at least?,

She paid the studio costs etc... as i say its not a newbie model... :(
 
It is digital data and liable to corruption. sorted ;)
 
I wouldn't go down the route of losing images as you don't know where that will lead you - however you can pass the images over in raw as there is no stipulation for the images to be processed beyond being downloaded, so you don't need to do anything to them.
 
Supply her will low res low DPI very badly photoshoped images and delete the originals as they are of no further use to you.
 
That's life - we live and sometimes we learn. I'm sorry you're having to learn this the hard way, but you will never find yourself in this situation again. Ever. You've been screwed by someone who is unscrupulous who has no respect for how they know the industry really works and has abused trust. If she is on MM or Purestorm name and shame her for her tactics so that others don't get stung too. And pass on the images and move on.

Feel for you
 
There are two obvious flaws on that contract, lack of her sig and no contract date.

Best seek pro advice.
 
Is it possible that she's doing this to various photographers to get a varied selection of images? *Fraudster alert*
 
From what I see in the contract there is no specification as to the size of the pictures you have to hand over or the condition of perfection of the photos.

I am no lawyer but the contract doesn't say the photos have to be of usuable quality and editing can work both ways.

Far be it from me to say you should deliberately blurr the photos or supply them in an unusable format, but as far as I can see you would be fulfilling the vague contract as specified.

Quote " All pictures and videos taken by MR PHOTOGRAPHER will be used exclusively on Miss MODELS website "
Should the photos have come out as I have mentioned the quote says she will be using them and failure to do so will be in breach of contract by herself, or she will have to notify you that she won't be using them.

To be honest I can't believe a "professional " model used to photography would accept someone using just a Kodak FunTime Disposable 35mm Camera which apparantly you own and did the shoot with.


Realspeed
 
Well it doesn't state that your shots have to be used in order for you to get the 10%. Plus "unless otherwise stated by Miss Model" surely that means at the time of signing the contract? And it would have to be in writing.

Anyway, if she's never actually signed the thing you might be able to just rip it up and forget about it.

Either way I'd go and take a free 15 minutes from someone who knows a lot more about law than I do. Good luck.
 
This is a Copyright Agreement (see title of it) and not a Contract of Sale (or supply agreement). I don't see that you have any obligation to supply the photos whatsoever. All it says it that you cannot copy or publish them and only she can use them (if they get used at all).

I'd tell her no she can't have them, tell her why and let her try and sue you. If she is well known, it's unlikely she'll want to spend the time or take the risk of going to court with this. Once a court proves it's worthless, then she can never do it again.
 
Easy answer

I am not a lawyer but I would suggest

If she HAS NOT signed your copy of the contract the contract is null and void.

All contracts as far as I am aware have to be signed by both parties to be legal

Maybe it would be an idea to have a contract drawn up by yourself with a solicitor stating your conditions. It seems strange that a client produces a contract to say the least.

If your selling goods or services its up to you as to the conditions- price - extra costs-time limits - no returnable deposits- etc, if the buyer/client is not willing to accept them that is their choice.

If I let my clients dictate how I should run my business and what I should charge I wouldn't stay in business that long

Realspeed
 
realspeed said:
Easy answer

If she HAS NOT signed your copy of the contract so the contract is null and void.

All contracts as far as I am aware have to be signed by both parties to be legal

Realspeed
Click to expand...

If she later signs her copy, it's highly likely to be considered a legal agreement.

Whether the agreement is valid (regardless of what it covers), would need to be confirmed by a solicitor.
 
"What contract? Did you sign a contract? Let me see the contract you signed?"

;)
 
Im pretty sure that for a contract to be legally binding written or verbal,
both parties have to benefit in some way from the agreement.

You dont benefit therefore no contract :thumbs:
 
snoop69 said:
Im pretty sure that for a contract to be legally binding written or verbal,
both parties have to benefit in some way from the agreement.

You dont benefit therefore no contract :thumbs:
Click to expand...

The 10% revenue line would be considered a benefit to Tristan.

All this Agreement does is say that he cannot publish the pictures without her permission.

It is not a Contract of Sale and therefore he is under no obligation to give them to her.
 
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