Forums > General Industry > photographers selling pics of you and you get $0

Model

billy smith

Posts: 53

Abū al-Hassan, aš-Šalif, Algeria

Sep 28 06 09:37 pm Link

Model

Linnea

Posts: 268

Fairless Hills, Pennsylvania, US

If it's a nude pic, and you and the photog both signed a release stating that no nude pics of you would be used without your permission, then you have a case.  Contact the photog first...if they refuse to cooperate you should contact a lawyer.

If you signed the photographer's model release that gives him the right to use any of the photos taken during the session in any way he wants, then you're screwed. 

Good luck!

Sep 28 06 09:40 pm Link

Photographer

J O H N A L L A N

Posts: 12221

Los Angeles, California, US

Kenny Fayas Jr wrote:
I did a artist pose for a photographer and it ended up on a gay site without my permission. What can I do to get it off and make sure that no pictures  get put up on a site like that agian. I put "no nudes" on the release, but I guess the photographer just thought that I would not find out.

You really can't control where your released images appear. Welcome to modeling.
If you don't want nude images being used commercially, don't release them.

Adding "no nudes" to your release, has dubious legal validity.

John

Sep 28 06 09:41 pm Link

Photographer

4C 41 42

Posts: 11093

Nashville, Tennessee, US

A lot of the answer depends on the agreement between you and the photog, and what exactly the release said.  The photographer probably owns the copyright to the photo, but even so you have rights in your image and how it's used.  If you signed those rights away, you got nuttin'.  Otherwise, you can probably get the image removed.

Get a lawyer.

Sep 28 06 09:44 pm Link

Model

Jay Dezelic

Posts: 5029

Seattle, Washington, US

Tell him you lied about your age and that your parents want him to stop showing n'kd pictures of you or they will call the FBI smile








https://www.jaydezelic.com/remote/mmBtn01.gif

Sep 28 06 10:33 pm Link

Photographer

S T A G E 4 D E T

Posts: 265

Detroit, Alabama, US

WHAT WAS THE QUID PRO QUO HERE,?THIS IS SOMETHING EVERYONE SHOULD TAKE SERIOUSLY,WHAT IF A MODEL TOOK SOME OF THE BAD PHOTOS AND POSTED THEM ON MM,OR OMP, MY BEST BET WOULD BE  TO CHECK THE RELEASE THAT YOU SIGNED FIRST,ALL CONTRACTS ARE GOOD AS THE PAPER THEY ARE WRITTEN ON, SECOND THREATEN THE SITE OWNER WITH LITIGATION AS WELL AS THE SHOOTER,,,AS A WILD GUESS THEY MAY BOTH SEE JUST THE POSSIBILITY OF A COURT CASE AIN,T WORTH IT,,EVEN IF YOU SIGNED A RELEASE IF YOU CAN SHOW THE IMAGES ARE NOT USED FOR  THE PURPOSE IN THE RELEASE FORM YOU MIGHT HAVE SOMETHING .

Sep 28 06 10:45 pm Link

Model

Iris

Posts: 950

Dallas, Texas, US

Why'd you pose nude, and then write "no nudes"?  That doesn't make a bit of sense.

Sep 28 06 10:45 pm Link

Photographer

Richard Maxwell

Posts: 242

Somerville, Massachusetts, US

So...  um... how did you find out

Sep 28 06 10:56 pm Link

Model

pamela mars

Posts: 1719

Toronto, Ontario, Canada

Kenny Fayas Jr wrote:
I did a artist pose for a photographer and it ended up on a gay site without my permission. What can I do to get it off and make sure that no pictures  get put up on a site like that agian. I put "no nudes" on the release, but I guess the photographer just thought that I would not find out.

if the photographer went against the release-and it stated nothing about the site-the pix have to be removed.
call your lawyeer-and i hope you got a copy of the release

Sep 28 06 10:58 pm Link

Photographer

Images By Ijumo

Posts: 282

Atlanta, Georgia, US

Kalene wrote:
Why'd you pose nude, and then write "no nudes"?  That doesn't make a bit of sense.

That is the most sensible question asked so far... The best way to NOT have nudes of you floating around on any site.. gay or straight is to NOT TAKE THEM.  If you have signed a release then the photographer can use them for whatever purpose he/she wants.  The only push back you have is if you signed a release like mine which clearly states that I as a photographer will never release your images to a porographic site or printed publication without your writen consent.  Anything else is open game.

Sep 28 06 11:06 pm Link

Photographer

Photography ByAmoor

Posts: 18

Toronto, Ontario, Canada

if your issue is with your pitcture being on a gay stock site... then its a petty issue.. becuase it can be put up on any stock site and used in any number of ways the designer feels like.

2 things you should speak to the photographer about is.. revising the condition of your image relase. and compensation (%age) of revenue earned from ur images.

Sep 28 06 11:07 pm Link

Photographer

Images By Ijumo

Posts: 282

Atlanta, Georgia, US

My next question to the OP is what is making you more upset... that the images are on a gay site or that you didnt get paid for them being there???

Sep 28 06 11:08 pm Link

Photographer

Pat Thielen

Posts: 16800

Hastings, Minnesota, US

I don't get this... In your portfolio you state:

"I will not do any sort of porn or nude work. The implied that I will do is not bad at all. I think it is wrong myself."

  To me, this says that you don't do nudes and that you find doing them wrong. This is fine as it's your personal choice. However, if you find nude modeling wrong then how did this photographer manage to get nude photos of you to post in the first place?

Something is rotten in the state of Denmark, wot?

  -P-

Sep 28 06 11:12 pm Link

Photographer

GD Photowerks

Posts: 130

Nashville, Tennessee, US

First contact the photographer - he may not have posted the photo to that site - it is not uncommon for various site to lift photos from other locations and post them without permission on the theory that they won't get caught.  If the photographer didn't post the picture to the site, he actually has a better chance of getting it removed for copyright violation and to get financial compensation for it.  If the photographer did post it in violation of your agreement with him then talk to a lawyer about taking action.  As for the release, well as we all know in the US you can sue anybody for anything, and rather than deal with a extended court battle and bankrupting legal fees, most just settle out of court.

Sep 28 06 11:21 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

Pat Thielen wrote:
However, if you find nude modeling wrong then how did this photographer manage to get nude photos of you to post in the first place?

it could have been an accidental shot. I have seen shots of me from shoots where little bits of nudity got caught on camera, but the release I signed said no nude pics would be used without my permission.

anyways, I was wondering the same thing as Maxwell, how did you find the pictures?? and are you more concerned that they are on a gay site or that you aren't being paid for them? you didn't mention that the gay site was selling the pictures, just that they had put them up....so the title of this post doesn't really have much to do with the subject

Sep 28 06 11:33 pm Link

Photographer

John Van

Posts: 3122

Vienna, Wien, Austria

If you signed a release giving the photographer the right to publish his pictures anywhere without further compensation, then don't bitch about not getting paid.

If you stated 'no nudes' could be published, you might have somewhat of a case, but it was still very naive to give the photographer a chance to even get nude shots of you and I assume he must have gotten quite a bunch if he managed to sell them to a site.

Sep 29 06 12:11 am Link

Photographer

D. Brian Nelson

Posts: 5477

Rapid City, South Dakota, US

The release doesn't protect the model, only the photographer.  It is not the same as a contract.

As far as not getting royalties per image, that's not exactly a standard practice.  Models get what they contract for.  If it's pictures, that's it.  If it's a fee that's it.  If there's a release, that's the end of it.

I'm not a lawyer, but there's a lot of misconception about who owns the pictures.  The answer is, unless the work is done for hire (that is a legal term) the photographer does.  And in most states, the release is only actually required if the images are going to be used for commercial purposes (another legal term), meaning advertising.

None of this solves your problem.  If you've asked the photographer nicely to pull the images and he hasn't, then you'll know not to work with him or others like him again.  And you may want to look into a standard contract that you take along and insist on the shooter signing.  That may actually get you some legal recourse.  Maybe.

Again, sorry that happened.  It sucks.

-Don

Sep 29 06 12:19 am Link

Photographer

Webspinner Studios

Posts: 6964

Ann Arbor, Michigan, US

Where are my pictures Don?

Sep 29 06 12:21 am Link

Body Painter

BodyPainter Rich

Posts: 18107

Sacramento, California, US

Just for the record, male models should never delude themselves into thinking that any nudes they pose for are for heterosexual females. Do females enjoy nude photos, probably some, but the fact is that the market for nude male images is almost entirely the gay market.

Sep 29 06 12:27 am Link

Photographer

Webspinner Studios

Posts: 6964

Ann Arbor, Michigan, US

Which is why I must be a gay male in a womans body.

Sep 29 06 12:28 am Link

Photographer

Kinetic Photography

Posts: 517

Maxwell Digital Art wrote:
So...  um... how did you find out

ding ding ding !! 

"oh you know, i dont do nudes and but i did nudes and i think nudes are wrong so i was just cruising some gay porn sites and i saw my pictures....you know, the usual"

Sep 29 06 12:33 am Link

Model

CrazyRussianHelicopter

Posts: 3256

Madison, Alabama, US

You know what guys in the theme of this post I wanted to say:

There is this photogropher, https://www.garage.chel.ru/forum/images/smiles/icon_rolleyes.gifwho makes naked pictures and then he posts them on some kind of blog.  Just wanted you all to be aware of that.

Be carefull!

Sep 29 06 12:41 am Link

Photographer

oldguysrule

Posts: 6129

does anyone understand what they sign when they sign? do you even look?

in the USA, simply stated (and assuming the release is a proper one)... if you signed a release, you signed away your rights to bitch about it. if not, then the photographer is precluding from using the images commercially -- not precluded from publishing as commonly misstated.

in the USA, unless you are the photographer, you must have a use license to use the images. this document will itemize the limitations on your use.

elsewhere in the world there may be / are some significant differences.

it is your responsibility to properly understand the legalities associated with modelling and photography. the above are among the most basic.

it is frightening how poorly copyright/release/license are understood by many (most?) of the models and photographers here and elsewhere on the net.

Sep 29 06 12:56 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Kalene wrote:
Why'd you pose nude, and then write "no nudes"?  That doesn't make a bit of sense.

This is the Internet and you expect things to make sense? ROTFLMAO

Studio36

Sep 29 06 05:06 am Link

Photographer

Hadyn Lassiter

Posts: 2898

New Haven, Connecticut, US

oldguysrule wrote:
does anyone understand what they sign when they sign? do you even look?

in the USA, simply stated (and assuming the release is a proper one)... if you signed a release, you signed away your rights to bitch about it. if not, then the photographer is precluding from using the images commercially -- not precluded from publishing as commonly misstated.

in the USA, unless you are the photographer, you must have a use license to use the images. this document will itemize the limitations on your use.

elsewhere in the world there may be / are some significant differences.

it is your responsibility to properly understand the legalities associated with modelling and photography. the above are among the most basic.

it is frightening how poorly copyright/release/license are understood by many (most?) of the models and photographers here and elsewhere on the net.

Ummm yeah. Next time arrive early sit down and read the release. Ask questions on anything you dont understand and sign when you feel that you understand. Don't let anyone rush you. No photographs until its signed.

Sep 29 06 05:24 am Link

Photographer

Curt at photoworks

Posts: 31812

Riverside, California, US

stage4fotografik wrote:
WHAT WAS THE QUID PRO QUO HERE,?THIS IS SOMETHING EVERYONE SHOULD TAKE SERIOUSLY,WHAT IF A MODEL TOOK SOME OF THE BAD PHOTOS AND POSTED THEM ON MM,OR OMP, MY BEST BET WOULD BE  TO CHECK THE RELEASE THAT YOU SIGNED FIRST,ALL CONTRACTS ARE GOOD AS THE PAPER THEY ARE WRITTEN ON, SECOND THREATEN THE SITE OWNER WITH LITIGATION AS WELL AS THE SHOOTER,,,AS A WILD GUESS THEY MAY BOTH SEE JUST THE POSSIBILITY OF A COURT CASE AIN,T WORTH IT,,EVEN IF YOU SIGNED A RELEASE IF YOU CAN SHOW THE IMAGES ARE NOT USED FOR  THE PURPOSE IN THE RELEASE FORM YOU MIGHT HAVE SOMETHING .

CAPS LOCK PROBLEM??  This isn't myspace...

Sep 29 06 05:58 am Link

Photographer

The Don Mon

Posts: 3315

Ocala, Florida, US

Kalene wrote:
Why'd you pose nude, and then write "no nudes"?  That doesn't make a bit of sense.

i about busted a gut when i read this........lol
dude you must be a blonde.......lol

if you wrote " but no nudes " on the release but "both" didnt initial it ,then your screwed.
any modifications to a legal document must have initials by "both" parties.it becomes a legal document only once you sign it.

if you dont want to do nudes ..or have something against them...then why did you do them? DAH

if your  "friend" found them on a gay site...sure whatever.to a degree you still may have a case
due in part of "degridation of character".but the judge will probably say the same thing...^Dah

Sep 29 06 06:18 am Link

Photographer

Hoodlum

Posts: 10254

Sacramento, California, US

Jay Dezelic wrote:
Tell him you lied about your age and that your parents want him to stop showing n'kd pictures of you or they will call the FBI smile

Thats a good one wink

Sep 29 06 07:47 am Link

Photographer

Amanda Schlicher

Posts: 1131

Milwaukee, Wisconsin, US

Hey!  You're in my town.  Will you get naked for me?

Sep 29 06 08:33 am Link