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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 02 Sep 2011 (Friday) 12:03
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Model wants to revoke permission

 
Ledrak
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Sep 02, 2011 12:03 |  #1

A few months ago I launched a magazine so I could publish some of my work. I did a photo shoot and interview with a model specifically for this magazine. Now, photo shoots I do all the time and I know how they work... interviews I'm still learning. I had the model sign my air-tight release for the photo shoot, and also proceeded to have my assistant interview her during the shoot.

Weeks later, when I looked over what my assistant got from the interview, I deemed it unusable and decided to ask the model some additional questions myself (via email) to get something actually worth publishing. The model was aware that I was asking her questions for the magazine.

Now here's the problem. I get the model's responses, but then she writes me back the very next day and states that she made a mistake, and didn't mean to send me those responses, and that I don't have her permission to use/print what she said. So my first question is does she actually have grounds to deny the use of her statements like this? In my release, there is a clause that states "Such Photographs and Video may be used, in the sole discretion of the Users, with or without my name, or a fictitious name, along with quotations, interviews or biographical material. The Users may use the Photographs and Video and statements attributed to me, in the sole discretion of the Users."

I don't know how well this covers me for interviews, particularly a follow-up interview done after the shoot took place. But I'd like to get this clear so I can avoid problems like this in the future. I don't want to ruin my relationship with this model. So I'm really between a rock and a hard place with this one. But I'd like to get some opinions from others here.




  
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LONDON808
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Sep 02, 2011 12:17 |  #2

www.iNeedLegalHelpFrom​ARealLawyer.com (external link)

you need legal advice NOT advice from keyboard lawyers on the interweb


View My Flickr (external link)

  
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nathancarter
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Sep 02, 2011 12:26 |  #3

For this particular situation, can you just re-interview her?

"I'd really like to put you in the magazine, especially considering the great results we got from the photo shoot. Can I meet you soon for a brief re-interview, so we can come up with some material that makes both of us happy?"

If you want to keep a good relationship with the model, you won't use the responses that she asked you not to use - regardless of whether it's your legal right to do so based on your contract.


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Ledrak
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Sep 02, 2011 13:16 as a reply to  @ nathancarter's post |  #4

Well, I'm trying to work with her as best I can. But if she's not willing to work with me then I'm left with basically 2 options. In my last correspondance with her she said she wanted to send me some new responses. It sounds like she had time to think about what she wrote and realized that it would be printed for the world to see, and she got scared. So I told her to send me her new responses by this Sat so I could look them over and see if they'll fly. I haven't heard back from her yet, which is prob not a good sign.




  
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vfotog
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Sep 02, 2011 13:42 |  #5

obviously a release isn't good for everything new you do in the future. It's only logical that your interview, which came well after the assistant's interview, would require a new release unless your release allowed for followup questions. I'd get a release for her new answers just to be safe and smart.




  
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uOpt
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Sep 02, 2011 13:49 |  #6

Spoken words can be generally reproduced. You can put pretty much anything that anybody tells you on a website, modulo government secrets, if the person is reading copyrighted material and the issue of whether the statements are accurate (and proof thereof). But there is no special protection like there is for identifiable people in a photograph having in say in the publishing of that photograph.

IMHO I would not print statements she is not comfortable with. If she sues you for defacement and you have no witness for what she said you will probably lose, and if it is a printed magazine already distributed that can be very expensive.

I am not sure why you wouldn't allow her to replace her statements?


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Ledrak
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Sep 02, 2011 15:22 as a reply to  @ uOpt's post |  #7

Well everything is documented in our emails. I know the model release prob wouldn't cover me for the re-interview, but I was thinking if it's stated that the questions are for a magazine then that would be enough. Or perhaps in the future I need to specifically state that "this is on the record and any info you give me will be used for the magazine"?

I'm giving her an opportunity to redo or alter her statements. But if her purpose is to completely redact everything she wrote to make herself come across in a completely different light because she's scared of what readers may think... I'm not ok with that.




  
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cdifoto
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Sep 02, 2011 16:00 |  #8

Is the purpose of this magazine actually to display your work as you stated, or is the real purpose to be a tabloid with juicy secrets?

If it's really just a way for you to display your work, what difference does it make what information a model provides or retracts in an interview?


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Ledrak
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Sep 02, 2011 16:14 as a reply to  @ cdifoto's post |  #9

The magazine is for entertainment. I want to build a real reader base. It's not just a gallery to display my work (that's a bonus). So yes, I take the interviews seriously.




  
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cdifoto
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Sep 02, 2011 16:19 |  #10

Okay so then write the interviews seriously. Show off your writing, not so much the content of the interview itself.


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sspellman
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Sep 02, 2011 17:05 |  #11

If the model has explicitly asked you not to use her prior answers, then obviously you would ruin your relationship if you did. Let her know your deadline and re-interview her to get mutually agreeable responses.

-Scott


ScottSpellmanMedia.com [photography]

  
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TangentZ
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Sep 03, 2011 14:20 |  #12

Too many unknowns.

I don't see why the model can't provide you different answers for publication? What's so important that you have to vehemently hold on to the original answers?

Something doesn't seem right.


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HappySnapper90
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Sep 04, 2011 17:47 |  #13

Sounds like a mess. Is she worth the hassle and potential legal costs to you?




  
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Ledrak
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Sep 04, 2011 19:11 as a reply to  @ HappySnapper90's post |  #14

I'm trying to work with the model in question. It's not that I'm insisting on holding the original answers hostage. I just don't want riske material censored out of the answers in an attempt to save face. For example, if the model feels he/she came across too sexual in their responses, they don't get to have a do-over so they can dumb it down to rated G level. If she wants to add more info, or perhaps edit a thing or 2, alright. But why should I allow someone to go through and completely redact an entire interview line by line?

The way I see it, I'm doing this model a favor by allowing her to give new responses. Just as I don't give my models the right to approve their photos before they are published, they don't get the right to approve their interviews either. If I had this interview done on tape, the day of the shoot as I normally do... there's no way in hell she would be getting the opportunity for a re-do, regardless of how she felt about it. I'm only giving in this much because I had to do this via email, after the shoot was already done.




  
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cdifoto
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Sep 04, 2011 20:17 |  #15

Ledrak wrote in post #13051053 (external link)
I'm trying to work with the model in question. It's not that I'm insisting on holding the original answers hostage. I just don't want riske material censored out of the answers in an attempt to save face. For example, if the model feels he/she came across too sexual in their responses, they don't get to have a do-over so they can dumb it down to rated G level. If she wants to add more info, or perhaps edit a thing or 2, alright. But why should I allow someone to go through and completely redact an entire interview line by line?

The way I see it, I'm doing this model a favor by allowing her to give new responses. Just as I don't give my models the right to approve their photos before they are published, they don't get the right to approve their interviews either. If I had this interview done on tape, the day of the shoot as I normally do... there's no way in hell she would be getting the opportunity for a re-do, regardless of how she felt about it. I'm only giving in this much because I had to do this via email, after the shoot was already done.

Are these models paid for this?


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