Need Help ASAP

[smoothjhoov]

I am an aspiring photographer from Ohio who seems like I might have gotten myself in a little trouble, but I'm not sure...

I posted an add online for models and got two young ladies (sisters) who responded to me and I used them for models. With it being my first real time using models I forgot to bring my release forms with me. The models said it was fine and they would sign everything when I sent it to them. We took the pictures, they enjoyed it, no complaints, everything went as well as could be expected for shooting partial nudes for the first time.

Two days after the shoot one of the sisters contacted me and told me they hadn't received the release forms yet. School just started so I didn't have a chance to email it to them at that point, so I sent them a model release form and a photographer release form I got online. They responded back saying "umm we well cant sign that,, because...it basically says that you can do whatever you want with them and we have no rights to them.... we have no clue what could happen to those pictures and we are VERY uncomfortable signing that knowing that they could end up anywhere. you said that the only place they would be is in your portfolio...so if you send a contract saying that...and that we have to know and approve of any other uses for the pics then we will sign...."

Now, I hadn't checked my email over the weekend and I did today to find out that they sent me another email saying "ok well since you dont want to send us a better contract can you please send us all of the pictures and delete the ones you have...we dont want them showing up anywhere including your own portfolio. and we have all the emails you wrote us saying we had the rights to them and we also have the voicemails and recorded phone conversations. so just go ahead and send us OUR pictures and we wont take this any further. thanks."

I guess what I want to know before this gets all out of hand, I had told the models the pictures would be used to deepen and develop my portfolio online on a few sites and with physical prints. I also told them that I was trying to get an ad going in a local monthly publication, and they both agreed to that verbally. I also told them (verbally and I believe in writting via email) that they would get a copy of the pictures taken and I would edit a few and send them a few edited ones too.

With nothing signed, would I be doing anything wrong by using them as they previously agreed to (portfolio primarily and possible the use of an newspaper ad)? If I decide that I don't want the headache of dealing with them anymore like they said to me in their email, am I legally required to send them the pictures or do I own the pictures since they allowed me to take them? I still want to use the pictures for my portfolio because they turned out pretty good! Using them for the add I don't really care too much about. I am stuck and need to know if I screwed up totally by not having them sign a release and what I am required to do at this point??

Any thoughts and help would be greatly appreciated...

Jason

[tim]

Hopefully someone who knows US law can help you out. Until you do I suggest you play nice, and you're not in any trouble and there's no big problem. There's no big problem not having them in your portfolio, worst case delete them and you're no worse off than before.

I'd send them a friendly, polite email apologising for the confusion and the delay replying. Explain that the standard TFP shoot conditions are that the photographer gets to use the images in their portfolio online and in print, and the model gets to use them in a printed portfolio and for personal use. Tell them they can accept this standard option, and that you'd be happy to narrow your rights to using them on your website and in print only, in that case you'll send them photos, but if they're not happy with that tell them you'll destroy all images and no-one will get a copy.

Make the email FRIENDLY, POLITE, and don't use legal words. Post a draft here before you send it if you like.

[sspellman]

Jason-

I would be polite but firm. State first that your school work takes priority and means that you will not always be able to reply immediately. Secondly, the terms of your original agreement would still apply-use by you in print and digital portfolio plus advertising in exchange for you providing prints plus rights to use in their porfolio. Third, you will research and come up with a new release/agreement that specifies rights as above within a week. If they don't want to sign the agreement as previsouly agreed, you will simply delete all the pictures and nobody gets anything.

I don't see how you are legally required to send them pictures if they have not also completed their obligaion of signing a limited release. It also seems clear that using the pictures in your public portfolio would cause more negative actions. Hopefully, with the risk of loosing it all they will become more reasonable and follow through with their original commitment. If not, I would delete everything and learn from this bad experience.

As you can see, pictures are just part of the whole deal.

-Scott

[breal101]

This is not legal advice but maybe you can solve the problem by explaining to them that the release you sent was a standard release you found online. They can modify it allowing what you originally agreed to or you will be happy to send another which does the same thing. A release is a contract, it can be modified to suit a particular need. Standard releases cover practically any use and to be honest I would never sign one myself even though I get people to sign them all the time. I do allow them to cross out any section they aren't comfortable with as long as it doesn't affect the actual use of the pictures. I get them to sign the release before the shoot, no signed release no shoot, it's as simple as that. If they won't sign any release I wouldn't give them pictures, if they backed out of the original agreement I wouldn't feel obligated to honor it either. Without a release you shouldn't use them, especially for advertising. And yes, you screwed up by not having releases with you at the time of the shoot.

[Alleh]

The photos belong to you. They have no right to any usage unless you give it to them in writing. You on the other hand do not need their permission to do whatever you wish with the photos as long as you don't sell them for commercial use. You certainly don't need their permission to use the photos in your portfolio.