I have a question about model release forms

I did a 8 hour long shoot yesterday. And I was very proud of the shoot on how it came out. Up untill I get a phone call at 3am this morning waking me up. by a freaked out boyfriend that seen some of the pictures telling me I can not use any of them.

there was none full nudes not even semi nudes. the worse was implied nudes and the rest were glamour shots

So to prevent all this work and not being able to use them now. would a models release form allow me to use them anyway?

Also he thinks he is going to come and get the DVD of all images. if I cant use them should I charge him for the shoot before I hand over the DVD? and if so how much is a fair?

Thank you for your time :-)

I'm not an expert on this by any means..Perhaps I can get someone from the copyright area to loo in on this thread., or you could ask in that forum.

If the model signed a release..I would tend to think you can use the images.

I know nothing about stuff like this....but let me just say this. GRRRRR! What a jackass! And now when we´ve gotten that out of the way.......you shot those photos, with your equipment. They "hired" you. If he wants them, then he should have to pay for them, just like he would have at any professional photographer. I can´t imagine he ever having any right at all just to claim them without any fee.

Thanks pushinfaders

But I failed to use a models release. And she loves the pictures and wants them used. But the freaked out boy friend is making sure it dont happen.

she sent me this email this morning

I am getting a lot of negative feedback from the boyfriend so please don't use
anything.  I am sorry for wasting your day.

My question is would a models release prevent this from happening in the future and should I charge her boyfriend for the 8 hour shoot so he can take the pictures with him.. because I do not want to throw away an 8 hour day of shooting and get nothing out of it :-(

Thanks Zacko thats what I was thinking. But in a case like this I was worried if I yell pay me I might be making an AssHole look like a Butt hole :-)

:blink:

Dude, you were hired to do a shoot, which you did.  The boyfriend should definately have to pay for the pictures if he wants them - if he kicks up a stink about it, simply tell him to seek legal advice, he doesn't have a leg to stand on as he's simply an outside third party.  His opinion has no more legal standing than Fred Bloggs coming in off the street. The email from the girlfriend helps back up your case - she is admitting to the shoot and the situation in general.

I hate to sound harsh, but use this as a lesson and ALWAYS get a release form - there's a few basic ones out there if you do a search, or I'm sure someone here could help out.  Then this situation would be cut and dry, it would simply be a case for your own morals and consience.

BTW, love the pic bud!!!!

(",)

100% with Mike's opinion - chalk it up to experience - ALWAYS get a model release form signed.

Thanks all I will chalk this up as live and learn. I found a model release form to use. I am not even plugging in the flashes anymore till this is signed :-)

RMR, I posted in the copyright forum also, but just an addendum here....always get a contract for work signed along with a model release....you need written documentation for it to hold up in court

Hey DD.

Just throwing in my two cents...I wouldn't give him anything...period.If he threatens to sue you,let him try.He doesn't have a legal leg to stand on.

Just one question...is she a friend of yours,and did you offer to do this gratis?

Yep yah live and learn If he is bigger than you I would not open the door

Yes shes a great friend of mine.. She loves the whole shoot even wanted to do more. And her mom wanted me to do a shoot with her as well. Her mom was here for the whole shoot

I am not friends with her boyfriend at all I have only seen him twice and both times you cant even get the guy to say Hi or shake hands lol

But thanks to jumpstartme2
I now have model release forms and I am going to treat them like condoms for my camera lol

It makes me wonder what the context of the shoot was. (how's that for grammar?) If you were taking pictures for your own use, was the model paid? I would think she should have been in that context. If no money was exchanged, then I think I'd feel a little guilty about charging the boyfriend, when the model wasn't compensated. My two cents worth, keep the change!

Hmmm, not sure I'd go with that one...... if you build a model of something for your own pleasure out of items that other people donate and somebody wants to take it just for the hell of it and their own desires, shouldn't you be compensated?  Talent is an object, cameras and equipment merely tools of the trade.... if the model was doing it for free, she was willing to give something tangible - her time, her ability.

What really counts here isn't the monetary value of the pictures, it's the principle.  Someone shouldn't have control over the what happens with the work - this boyfriend is essentially trying to censor art, and for the worst reason possible - his own personal ideals.  Whole govornments have toppled for less........

he he - sorry Fuzzer, I spent the change ;-)  bought a penny chew and made my mouth move.... :-) lol

(",)

What I see here is the 'boyfriend' is an 'outsider' in a verbal agreement.That's why I said he hasn't a legal leg to stand on.

What can he do?Take DD to small claims and say I don't want anyone to see these pix so he has to give them to me?

It would be dismissed immediately.

On the other hand,we are talking about DD's friend...and this friend has to live with this guy.That's where this becomes more than just a business transaction and becomes complicated.

I don't know how many of you have done any work for friends,but I know as a one-time portrait painter,it can get verrrrrrrrrrrrry sticky working for friends...

My point was, if there was no money involved, then they BOTH donated their time. I'd have a hard time making any money off of it, without compensating the model... but that's just me. I'd do whatever the friend wanted and call it done.

what a shame for all the time you spent in there....O yes, sometimes is hard to work with friends no doubts!! But you have learn a lesson now....so think twice before you do it again......mmmmm it is fair enough that they pay you a bit for all the hours you spent.....on the other hand I think the boyfriend don't like that the pictures will be spread on the internet.......it depends what kind of erotic shots you took me thinks.....

I would post the shots to show you but then I would be breaking RR rules aswell

the shots were not really erotic. the most risky part of the shoot was she had daisy flowers for paisties on her breast. she was never shot from the waist down. and there is only about 10 of those shots. the rest are al glamour shots you can find in any store in the mall. and then there is shots of a white open mens shirt and a bra that is not see threw.

Now I did tell the model if there is any shots you decide you dont want me to use like the daisy ones I will be more then happy not to use them. when she sen them she loved them so did her mom.

even if I had a model release for every single image that says I can do what ever I want with them...

I am the kind of person that I would let the model pick out what she feels is crossing the line with her and I would delete them.. it is not worth it to me to argue over one image with a model and use it any way and mess up a chance of getting many more in the future.. I want all models to have total faith in me on all levels of a shoot.