Forums > General Industry > Should my photographer keep all my photos?

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

Melissa Lynnette wrote:

Hey!!  I've been banned once already.  It was inconvenient.

really?  oh hell, what did you do?  I can't believe you could have gotten banned.  tell me tell me tell me!

Nov 06 06 02:24 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

.................

Nov 06 06 02:24 am Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

JM Dean wrote:

Come on man, I'll have a beer with ya smile

Let's bring Melissa!

Nov 06 06 02:24 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

DigitalCMH wrote:

really?  oh hell, what did you do?  I can't believe you could have gotten banned.  tell me tell me tell me!

Called someone trailer trash.  But she was!  And she tried to insult my port, which we all know is luscious.  big_smile  It was back in Sept. on the lower back tattoo thread.

Nov 06 06 02:25 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

DigitalCMH wrote:

Let's bring Melissa!

I don't drink beer.  I'll take some Jack and coke though.

Nov 06 06 02:25 am Link

Photographer

Kevin Connery

Posts: 17825

El Segundo, California, US

lll wrote:
BTW, it was a "he", not a "she".

Probably.

It also has many of the earmarks of a subtle troll.

Nov 06 06 02:32 am Link

Photographer

JM Dean

Posts: 8931

Cary, North Carolina, US

DigitalCMH wrote:

Let's bring Melissa!

Sweet! I got the Jack pick up the coke smile

Thats coca-cola Chris smile

Nov 06 06 02:34 am Link

Photographer

Kevin Connery

Posts: 17825

El Segundo, California, US

Melissa Lynnette wrote:
That was quick.  And how many Aubreys out there are boys?

According to namestatistics.com, Aubrey is the 495th most popular name for males in the US (about 23000 of 'em), and 1065 for females in the US (about 9000 of 'em).

However, behindthename.com shows that the name has been shifting more towards being a girl's name than a boy's name in recent years.
Since you asked... smile

Nov 06 06 02:36 am Link

Model

Shanna

Posts: 78

Weatherford, Oklahoma, US

woah if they're yours he should give them to you since they belong to you unless you signed all rights to him
which photographer is it?

Nov 06 06 02:37 am Link

Model

MelissaLynnette LaDiva

Posts: 50816

Leawood, Kansas, US

Kevin Connery wrote:

According to namestatistics.com, Aubrey is the 495th most popular name for males in the US (about 23000 of 'em), and 1065 for females in the US (about 9000 of 'em).

Since you asked... smile

Well hey, thanks.  I like to pick up random knowledge and then unleash it on people.

Nov 06 06 02:37 am Link

Photographer

D Magi Visual Concepts

Posts: 2077

Los Angeles, California, US

aubreyMUA wrote:
The photo's are his and hers. So she has a right to ask for them all and I do too. Right?

Wrong.  The images are his unless you buy the images.  Regardless if he is a "commercial photographer" or not, he owns the copyright. 

When dealing with a photographer, you cannot assume that "your model" owns the images because she is in the images.

As Melissa said, you really need to know the business that you are getting into before you start it.

Nov 06 06 02:38 am Link

Photographer

Ken Pivak Photography

Posts: 837

Los Angeles, California, US

aubreyMUA wrote:
Well he is not commercial and I am getting a business Tax thing with the courts so I can start a business. But my friend says me and the models should get a copy of all photo's taken. Bc I am running there Mayham sites. So what should I do?

Don't you think to run their sites or manage them as an agent with a business license that you'll have to pay for a license fee to the owners of MM...all photographers whether pro or not own and always will own, the copyrights, unless a fee to compensate triple their normal fees are met.  You may want to have them give you a promotional release...you cannot offer a release since you are not liable for the photographs.  You have to pay for that ownership or licensing.  And a business tax thing tells me nothing about your intent and use of the images...your contract, if you can get anyone to sign this, will have to include everything you  need the images for, like promos cards, mailers to advertise the sites etc.  MM is not a pro place and for you to be managing like it is, is quite interesting and a bit off to me.  Unless you intend to start your own site and perhaps link the MM site to it, then this can make some sense.  Otherwise getting photographers to sign contracts just for usage on this site is underselling yourself.  There are many pros here, but the pros use model agencies and their clients get to decide how to select the model...when my clients want someone cheap because their budgets are tight, then they usually use services that cater only to the agencies...It's like the breakdowns services for actors..the castings are sent out to notify agents of what is going on for the day.  Only agents licensed with the state get this service delivered and so when my client just dictates the amount to be paid, and the top agencies won't handle the job due to the low fees, this service goes out to all lower agencies ( and MM is not an angency ), those models will get the chance to cast for a job, perhaps a national ad, but the agency wants the job...well that is why rates are cheap these days.  If MM got this service, so those "not signed" with an agency, then imagine how many would just be able to cast for themselves...just like many acting sites now do.  Then a manager for an MM port would work.  Make some changes and you may have a winner here.

Nov 06 06 03:01 am Link

Photographer

lll

Posts: 12295

Seattle, Washington, US

Shanna wrote:
woah if they're yours he should give them to you since they belong to you unless you signed all rights to him
which photographer is it?

Sorry, nope.  Rights belong to the photographer unless signed over, at least in the US.

http://www.copyright.gov/

Nov 06 06 04:11 am Link

Photographer

Vance C McDaniel

Posts: 7609

Los Angeles, California, US

lll wrote:

Sorry, nope.  Rights belong to the photographer unless signed over, at least in the US.

http://www.copyright.gov/

She has been POOFED....bye bye...so long..game over...

Nov 06 06 04:57 am Link

Photographer

Image K

Posts: 23400

Las Vegas, Nevada, US

Vance wrote:

She has been POOFED....bye bye...so long..game over...

https://img98.imageshack.us/img98/466/jeezgj9.jpg

Nov 06 06 05:16 am Link

Model

DOne

Posts: 6305

Seattle, Washington, US

Vance wrote:

She has been POOFED....bye bye...so long..game over...

I believe we all saw this happening. Its unfortunate but when people do not follow the rules set in place......things happen.

Meela

Nov 06 06 05:24 am Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

Melissa Lynnette wrote:

I don't drink beer.  I'll take some Jack and coke though.

I don't drink beer either.  Smirnoff?

Nov 06 06 08:08 am Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

JM Dean wrote:

Sweet! I got the Jack pick up the coke smile

Thats coca-cola Chris smile

whew, that's all I can probably afford.

Nov 06 06 08:09 am Link

Photographer

Dee

Posts: 3004

Toledo, Ohio, US

aubreyMUA wrote:
Melissa Most of them want me to run it. And they want the Photo's ASAP. He says he will give the good ones but I think they want them all.

But here, in the real world...what you get and what you want are two TOTALLY different things....

Nov 06 06 08:12 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

lll wrote:
Sorry, nope.  Rights belong to the photographer unless signed over, at least in the US.

http://www.copyright.gov/

Go easy on her. You're talking to someone who thinks that anyone who's a real model doesn't pay photographers

Nov 06 06 09:27 am Link

Photographer

Jason McKendricks

Posts: 6025

Chico, California, US

aubreyMUA wrote:

Ok thats fine but my contract says they are entitled to all the photos taken of them. Thats how it was written and how it will be. I am the agent

The only photographer I can imagine agreeing to terms like those would be one who uses a camera phone. Do these girls seriously feel like they are well represented by you?

Nov 06 06 10:39 am Link

Photographer

Curt at photoworks

Posts: 31812

Riverside, California, US

DigitalCMH wrote:
really?  oh hell, what did you do?  I can't believe you could have gotten banned.  tell me tell me tell me!

Melissa Lynnette wrote:
Called someone trailer trash.  But she was!  And she tried to insult my port, which we all know is luscious.  big_smile  It was back in Sept. on the lower back tattoo thread.

Melissa banned! That is sweet! If Melissa is forced to abandon her natural loveliness and pleasant demeanor by someone and says something nasty ... I strongly suspect they have it coming.

Nov 06 06 10:52 am Link