Eric S. wrote:
The model should pay you a one-time fee to break the previous contract and draft a new agreement

This may be the best answer, from a business perspective.  The model in the case I cited is a college student and probably could not afford to pay me back for the several nude photo shoots she did with me; and I didn't want to say, "You have to buy your pictures back," because that might have seemed like blackmail (not legally, but in terms of reputation).

But, considering your advice, I think if a similar situation comes up again, I might take the objected-to pictures down and offer the model a revised agreement with thirty days to pay, charging just enough to make things a little tight for her.  That would send the proper message about professional behavior when making business agreements.

Mr Jay wrote:
New twist... What if the shoot was TFP/TFCD?  Now the plot thickens...

Then she wouldnt have to repay a fee that the photographer paid- BUT- she would have to pay my normal rate for my time.

But- Id be much more inclined to just say ok if she was sincere here.

phcorcoran wrote:
"You have to buy your pictures back,"

Actually I don't see it as blackmail, I think its the nice thing to do, plus you'll sleep at night, you gave her an option which will give her a legal document to show Playboy.com or whomever she's now in bed with, AND you'll look professional.
Shucks, you don't have to charge her $10k, you can set your price at $50 if you want to.
Good luck. Just the fact that you posted this and asked for opinions shows you care about doing the right thing. That counts for a lot these days.

Afablb wrote:
You basically have two obligations, one moral and one legal. From a legal standpoint provided she has money it is possible she could make your life miserable, sure you would more than likely prevail in the end provided you hired the right council and went spent your own funds. With both parties throwing good money down the drain. Trust me only the attorneys make money :-)

Morally it is a simple issue of treating people how you would like to be treated. If you can sleep well at night after someone makes a request because she may be bothered about something she did - Don't worry. If your a successful photographer a few request like this are not going to change your status.

Some things are much more important than money. When dealing with young ladies, many will do things that they may regret later in life. If your a stand up person when asked help if you can.

Frank
Attorney at Law / Photographer

Business-wise I don't think there is much at issue.

Morally - I really have to disagree.  If we are talking morality, what kind of morality is it that would make you want to enable and encourage some other person to be dishonest, to encourage them to break their word, to dishonor agreements they have made, and to hold contracts they have signed to be of no account? Is that what you teach your children?

You may make a business decision to let her buy her pics back.
You may decide to be "merciful" and take the pics down.
But don't call it a "good" and moral thing to do.  The good and moral thing to do is to  show her that you expect her to honor her agreements like the decent and honorable person you thought you were hiring.

SKPhoto wrote:

Business-wise I don't think there is much at issue.

Morally - I really have to disagree.  If we are talking morality, what kind of morality is it that would make you want to enable and encourage some other person to be dishonest, to encourage them to break their word, to dishonor agreements they have made, and to hold contracts they have signed to be of no account? Is that what you teach your children?

You may make a business decision to let her buy her pics back.
You may decide to be "merciful" and take the pics down.
But don't call it a "good" and moral thing to do.  The good and moral thing to do is to  show her that you expect her to honor her agreements like the decent and honorable person you thought you were hiring.

GREAT POST!