what happens if a model refuses to sign the model release form

[Aaagogo]

hi guys,

need some help, i am in canada and i shot quite a few pics of a paticular girl and she refuses to sign the model release form.

will i still be able to use the pictures for my own portfolio, in print and online?

Regards,
Denis

[rhys]

Originally Posted by Aaagogo

hi guys,

need some help, i am in canada and i shot quite a few pics of a paticular girl and she refuses to sign the model release form.

will i still be able to use the pictures for my own portfolio, in print and online?

Regards,
Denis

Not unless they're used in a documentary context, I believe (somebody correct me on this).

I hope you didn't pay her. If so then I suggest you get a refund.

[Wilt]

You can print them and hang them on your wall at home and drool, but you'd better never try to earn a dollar with it.

On your web site could be easily construed to be advertising, and she could have you for lunch (and I don't mean she feeds you!)

rhys was referring to using the picture, taken in a public place, as a photo of a newsworthy even.

If you paid her, you'd need to prove that she was paid for the specific purpose of shooting photos for commercial use, and not merely posing as an artists model, to have any leg to stand on in being able to recoop some of your money!

[Julio]

The worst that would happen is she'd have to ask you to quit using it. If she does, you quit and she has no further action she can take.

[Aaagogo]

no i didn't pay her, neither did she pay me.

she wanted some glamour shots of her, so i shot them, and i want to use them for my portfolio.

if i email her and ask her whenever i need to use those photos, will that work?

[Aaagogo]

another thing, if she refuses to sign the release form, can i take back the copy of pictures that i gave her and also delete what i own, so that i don't have anything else to worry about?

[Wilt]

Glamour shots...maybe she never intended for anyone but you to see them! Good luck convincing after the fact. In order for any agreement in the future to be valid, there needs to be bilateral 'consideration'...both parties get some value out of the transaction. If she says 'use it' but you paid no money, I don't think that carries much weight. So get her to agree to something that fits this scheme..."For this sum... you get to use..."

[Aaagogo]

man, lesson learnt, since i want to become a semi-pro, whenever i shot someone, i will ask, then get them to sign the photo release form before doing anything.

crap !@#%^#*@%&$#@*@

i thought i could start piecing together my portfolio after this trip, crap

[cosworth]

Originally Posted by Aaagogo

another thing, if she refuses to sign the release form, can i take back the copy of pictures that i gave her and also delete what i own, so that i don't have anything else to worry about?

Abso-fu$$ing-lutely. I'd be on her doorstep tonight demanding them back and make her sign a doc that she gave them back to you.

[Aaagogo]

I think I will get a chance to talk to my lawyer friend and have him give a detail step by step procedures on how to go about for aspiring photographers like me.

[sismis]

My understanding is that in Canada, if you as a photographer are asked to take someone's photo, you need them to sign an agreement that you the photographer will own the copyrights (regardless of being paid or not);otherwise, it's theirs by default.

Next time get them to sign; otherwise, you don't take the pictures.

Please post your lawyer friend's comments, if you don't mind.

[cosworth]

I captured the photons, they're all mine!

[sismis]

Originally Posted by cosworth

I captured the photons, they're all mine!

As it should be!

[tim]

The laws in this area differ between countries, and are never simple. My club recently had a presentation by a lawyer who runs a family photographic studio. In all the best rule is to get a release and a document that gives you copyright before you shoot anything, if they refuse they you don't need them.

Lesson learned eh?

[hvman]

Post up the pics

/jk