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Models death and request for all her photos
JAY carreon wrote: Brevity is the soul of wit. Jun 09 06 06:57 am Link To be totally honest, I think the mother is just too upset at the moment. If I were you, I will try to forgive the provokative words that she said and just give her the negatives. I know it had cost you money, but she was 21 and her mum has raised her for 21 years and I am sure she made lots of sacrifices for her. Now that she has gone forever, her mother must be devastated and just wanted everything back that relates with her daughter!!! I think what I would do now if I am at your position is to discuss with her mum and ask her why she wanted all the negatives (don't assume other people's thoughts...) and just talk to her peacefully, maybe she has got some reasons that she hasn't told you yet. Anyway, whatever you do, we will support you!!! I am sure you are a great person and just do what you think is right and that you won't regret in the future then everything will be fine!!! :-) Jun 09 06 06:59 am Link Dan Hood MM/Moderator wrote: That is an interesting question...do a net search of obits in the local newspaper. Jun 09 06 07:00 am Link Dan Hood MM/Moderator wrote: Now this is a good question ???? Jun 09 06 07:04 am Link FURTHERMORE ... your agreement was with the daughter, a consenting, emancipated adult. Your agreement was NOT with the mother or some lawyer investigating her daughters tragic untimely death or any other 3rd party. If a 3rd party stranger called you and demanded all the work you did with the model, would you give them the time of day? Your agreement was between you and the model as an adult representing herself. .... not anyone else. Clam up now, batton down the hatches and don't do anything that will open you up to further interrogations or unfounded accusations. Certainly don't give an opposing attorney any information, photos, etc. to masticate and use back against you as they pump up their legal nonsense. You can give up your photos under a properly executed court order to do so. Until that point, it's nobody's business. I'm not going to ask if you have "adult content" .. ...yikes! Jun 09 06 07:09 am Link Dead or not, no. Jun 09 06 07:12 am Link studio36uk wrote: this is how I would handle it. Perhaps, the model would not like them mom to have them. could be more to this than meets the eye. Jun 09 06 07:22 am Link I dont really see the problem here. She signed a release and whether or not she regretted shooting with you, you hold the copyright and can do what you want with the photos. I cant really see why someone feels that they have the right to request photos, even in this situation, when there is a legal document stating that they are yours. On the other hand, it is probably easier and certainly more respectful to give them to her. Jun 09 06 07:33 am Link SAD! Jun 09 06 07:36 am Link Terry Breedlove wrote: That is EXACTLY what I suggest you do. Jun 09 06 07:38 am Link Perez Imagery wrote: This crossed my mind too...perhaps the girl did regret taking the photos...especially if they were nudes...were they? Jun 09 06 07:38 am Link id ask proof if she really ..passed or you can go on the internet to see any obituarys if you now her first or last....name and were from save all emails you recieve...how did the mother get her password..if she is passed andshes 21 did her mother watch her on pc all the time.sounds fishy i do some really finding out wat is going on contact there local police/or corener they should be able to telly you..or threw a friend..just ask them if they haveinfo because you are getting threating emails.. Jun 09 06 07:38 am Link id ask proof if she really ..passed or you can go on the internet to see any obituarys if you now her first or last....name and were from save all emails you recieve...how did the mother get her password..if she is passed andshes 21 did her mother watch her on pc all the time.sounds fishy i do some really finding out wat is going on contact there local police/or corener they should be able to telly you..or threw a friend..just ask them if they haveinfo because you are getting threating emails.. Jun 09 06 07:38 am Link I have to agree with those that said to consult a lawyer, since the mother already has threatened to sue you. Do not give her anything without a lawyers review and approval - this may be the tip of the iceberg waiting for you. Jun 09 06 07:40 am Link CAP210 wrote: At this point there's no reason to consult a lawyer. The mother has no sound legal case. It's just coersion on her part. I'd ask for a death certificate in exchange for the images and also make them unusable. Jun 09 06 07:43 am Link CUnique wrote: studio36uk wrote: If he isn't going to use the photos anyways what good does it do him to bych about it and keep photos that will probably steam other people up and cause him alot of aggravation? Principle! A contract isn't something that people must abide by only when it's convenient. It has nothing to do with whether the pictures will ever be used. Jun 09 06 07:46 am Link I think you're screwed regardless of what you do. With the mother threatening to sue you.............. it's a given that she'll never believe that you've turned over "all" material on her daughter. I'd do nothing at this time and wait for her to calm down........... or see if you hear from her attorney. Patience would seem to be the key here. Jun 09 06 07:49 am Link Vito wrote: Since when does anyone need sound legal grounds for filing lawsuits? When you get served, you are served. You are engaged and you can't not respond. Jun 09 06 07:51 am Link I'm not sure what to tell you since a lot of details are obviously missing from this story, but I have to tell you...if my daughter died suddenly, I seriously doubt I'd be calling her photographer two weeks after her death. I think that would be the furthest thing from my mind. So it makes me wonder why her daughter's photos would be such an issue for her? I'm not sure I'd surrender negatives regardless of the situation. As long as the model was of age and all the paperwork's in order. Maybe wait to find out more about her death and the mom's reasons for wanting all the photos? Saying her daughter regreted the photoshoot is a bit vague. Jun 09 06 07:51 am Link Well believe one can not know human behaviour until something drastic like this happens. Know the mother must be going through a rough time and would not really pay any attention to how she was harsh on you, she probably heard something else in the conversation that she was expecting to hear. I would not hesitate to put a DVD show for her together for something like this of all the keeper images. Would put a disc together of all images, and ask what image she wanted printed and would make a suggestion on what would work. Print it , mat & frame it and if she asks hang it! As far as the legal part, I would not want to be the photographer on the front page of a newspaper refusing to give up images of a loved ones child that passed away. Believe it would kill any business you had, know I would not use you if I read something like that regardless of circumstances. "Now go do the right thing" in the end you will feel better for it. Joe Jun 09 06 07:53 am Link You just buried your daughter and a week and half later, the only thing on your mind is getting some photos? Please. As I said before, I wouldn't do anything without an official (raised state stamp) death certificate. Ask for that and see what the mother's response is? "Oh, they don't give them when you die in your sleep" or something like that.  Jun 09 06 07:59 am Link Vito wrote: I agree with that. He probably won't need a lawyer until the mother's lawyer contacts him. Vito wrote: I'm not so sure that conclusion is possible with the info at hand. A good lawyer might be able look at the release, investigate all the events going on at the time of the shoot, and make a case that the model was under some kind of emotional duress at the time of the shoot. Being talked into getting naked in front of a camera (assuming the pix were nude) automatically makes the girl a victim in the minds of some people. And even if the suit would be unwinnable, there's still a huge financial cost in attorney's fees. Vito wrote: Ah-ha! I like that idea. Jun 09 06 08:00 am Link here is a link all ...deaths are public i talk to a friend i now on the force..this will tell you...put in her name /location...age.http://www.ancestry.com/search/?o_xid=21942&o_lid=21942. Jun 09 06 08:02 am Link Dave Krueger wrote: I agree with that. He probably won't need a lawyer until the mother's lawyer contacts him. Vito wrote: I'm not so sure that conclusion is possible with the info at hand. A good lawyer might be able look at the release, investigate all the events going on at the time of the shoot, and make a case that the model was under some kind of emotional duress at the time of the shoot. Being talked into getting naked in front of a camera (assuming the pix were nude) automatically makes the girl a victim in the minds of some people. And even if the suit would be unwinnable, there's still a huge financial cost in attorney's fees. Vito wrote: Ah-ha! I like that idea. You need one to close a bank account or to collect insurance or to turn over a jointly owned peice of property, so why not in this case. I'll bet there'll be some kind of excuse why she can't give him one. Jun 09 06 08:02 am Link The Don Mon wrote: Yeah, not to sound insensative, but I would ask for some sort of death certificate. I have dealt with parents of passed away models...not often but it has happened (car accidents, suicide...etc). I have had mothers ask for the images (never nudes) because they just wanted to have everything involving them as a sense of still having them close. I have had them beg and plead, but never get angry or threaten lawsuit. Jun 09 06 08:08 am Link I've only had a cursory reading of the replies but I was dismayed to see all the photographers suggesting you hang on to the pix of this poor woman's dead daughter (assuming she is dead). If this is a dog eat dog world I'm getting off! Give her the shots - you will have made somebody happy and I suspect not have lost anything except the potential to sell them to some trashy tabloid for a $1000 or so and in the process stain your reputation for ever. 50 cents Jun 09 06 08:11 am Link Tell the Mother that you would be happy to give her some pictures to help remember her by..But there is a signed release and she understood that the pictures could and would be use, then tell mom your are truely sorry for her lose and explain to her as nicely as you can that you will not give them up, but that she can buy them if she becomes a B**ch. Jun 09 06 08:15 am Link Wow, alot of you people are mean. If you're not doing anything with them, it doesn't make since to me to keep them just because you can. If you bought a coat from someone, legally, and it sat in your closet. Then they died and their relative asked to have it. Why keep it? If you don't need it, give to someone who wants it.... Jun 09 06 08:15 am Link Julian Watt wrote: Yeah, but let's assume the model/daughter is dead. What if she took nudes that she didn't tell her mom about and all the mom thinks there are are bikini shots. Turning over the photos could possibly devistate the mother and breech a trust that is implicict in a model/photographer relationship. If the mother is already "sue-happy", she may try to sue for the photographer "forcing" her poor innocent little girl into posing nude. And what about the images already sold? Jun 09 06 08:15 am Link Dave Krueger wrote: People die but contracts and releases don't, except in the rarest circumstances where something in the contract is left undone and where the requirement, because of the death, could never be done. Buy a car, pay for it and die... the car dealer can't come around and repossess it. Buy a car, finance it and die... yes they can get back either the car or demand the money for it from the estate. If there is no money they get the car. The contract itself didn't die with the person. Before you ask... if the person died in a car wreck and both were write-offs but the estate had no money - then it is a wash... but the car dealer probably would have insurance to cover that kind of end of the line loss, either directly there own or thorough a claim on the deceased person's automobile insurance. Jun 09 06 08:18 am Link Kelly Talele wrote: Because maybe the daughter never shared them with "mom" before she died. Then "mom" found out that she was modelling in some way "mom" would not have approved of. Jun 09 06 08:21 am Link Julian Watt wrote: A thouand bucks? Screw the mother. He should go for the grand. That will make someone happy, too. Him. Jun 09 06 08:22 am Link Vito wrote: What breech of trust? He had already sold some photos. Did I miss something in the "model/photographer relationship" clause that said never to show parents pictures of their children??? Jun 09 06 08:22 am Link I say you stick to your guns and keep the photos...obviously you have nothing else better to do then concern yourself with this woman you don't even know about photos you don't even use to prove a point lost amongst all of this rambling on and on and so forth. Like the T-Shirt Says: Just Do It :-P Jun 09 06 08:23 am Link Geez I'm joining the iris fan club who gives a leaping rats knacker whether they were nude shots or not. Assuming we accept we have a genuinely grieving mom here - who just wants the pics of her baby back (that might be sold to some tabloid by some sleazy opprtunistic tog). Give the shots back - wake up tomorrow feeling good about yourself. Jules Jun 09 06 08:23 am Link My dog voted no... He said screw the mom...if she wants the photos back she will have to pose nude too and bring a bunch of beer and chips for my friends. Thats why my dog is my friend...he makes me laugh. :-P Jun 09 06 08:25 am Link CUnique wrote: Alot of you are the spiteful people who spit on the homeless people, and splash water on people walking when you drive by, aren't you... Jun 09 06 08:28 am Link Iris Swope wrote: I resent this... Jun 09 06 08:29 am Link Dave from Alabama You take some nice pics Add some ethics and you could be the juice Jules Jun 09 06 08:31 am Link CUnique wrote: Was your license suspended for bad driving? Or do you just not drive? and where does this homeless photographer develop his film, or copy his flash cards? or, is he homeless because he spent to much on camera equipment? Jun 09 06 08:32 am Link |
