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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 04, 2011 21:07 |  #16

cdifoto wrote in post #13051262 (external link)
Are these models paid for this?

Yes, they are all paid.




  
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uOpt
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Sep 04, 2011 21:17 |  #17

Still sounds like prime lawsuit material.

Emails are not proof that she said a certain thing or another. If you comes after you for defacement your position is weak.

Are these "juicy" pictures?


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yogestee
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Sep 04, 2011 21:38 |  #18

LONDON808 wrote in post #13041440 (external link)
www.iNeedLegalHelpFrom​ARealLawyer.com (external link)

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

This..

Laws change from country to country. For those who've replied and offered advice, silly move. We don't know what country the OP is from..


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Ledrak
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Sep 04, 2011 21:43 |  #19

uOpt wrote in post #13051468 (external link)
Are these "juicy" pictures?

They're Maxim style bikini pics.

I'd still like some opinions on what I could've done to make this email interview situation officially on record, so that should this scenario happen again in the future I don't have to worry about someone coming back to me in an attempt to prevent their statements from being published.




  
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TheBurningCrown
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Sep 04, 2011 21:50 |  #20

Ledrak wrote in post #13051583 (external link)
I'd still like some opinions on what I could've done to make this email interview situation officially on record

It's email, so there is a record of the exact conversation. I would say something in the first email to the extent that the conversation and answers the model gives are covered under the previously-signed agreement. Pretty open and closed.


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Gizmo1137
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Sep 04, 2011 21:51 |  #21

LONDON808 wrote in post #13041440 (external link)
www.iNeedLegalHelpFrom​ARealLawyer.com (external link)

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

+1 and or in an effort to keep the peace, have a discussion with the model and to see if a different approach would work for both of you. If not I would drop it and move on to another subject.


Best, Bruce

  
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Edwin ­ Herdman
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Sep 05, 2011 00:20 |  #22

LONDON808 wrote in post #13041440 (external link)
www.iNeedLegalHelpFrom​ARealLawyer.com (external link)

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

The short version is - everybody loves to hate on lawyers but don't try to cheap them out by bypassing them on the web. We can't write you court orders anyways.

Think of it this way - you have to get paid, right? (external link) So pay your damn lawyer. (I am going to go out on a limb and say that if you had done that in the first place, you wouldn't have some copied boilerplate agreement that you apparently don't understand - on the other hand your lawyer should not be dazing you with legalese; they should make the document actually readable. I don't know which is the case but it definitely is in your interest to understand under what agreements your business operates.)

Gizmo1137 wrote in post #13051637 (external link)
+1 and or in an effort to keep the peace, have a discussion with the model and to see if a different approach would work for both of you. If not I would drop it and move on to another subject.

Agreed. It would not do (just in terms of maintaining decorum) to spread news about which model broke the contract, and who said what; it would not do to threaten them with that information either - however I think it would be perfectly fine (obviously from a non-legal standpoint but I don't see how it could possibly be called a threat - though we need to keep in mind that we have already entered that territory so please take care) to talk to them and first try to find out the problem, and perhaps even remind them that you want everybody to be paid, and be happy, but you can't hire them in the future if you think they are not going to work with you. I would not go so far as to say that other modelling jobs also hate flakiness - you want to keep this out of the grapevine and have a happy ending for everyone. No matter how dim this bulb may be they should take the hint that it is in their interest to read the fine print - ask questions at least.

Personally, depending on what it is you asked them for, they might well be taking a reasonable stance. We don't even know who is in the right legally so commenting on that is out.

It is finally worth mentioning, as somebody else alluded to, that at least some states in the U.S. have laws against the "illegal practice of law." In other words, if you are not licensed, you can get in trouble for providing legal advice. The only legal advice I can give is to get some legal advice, of course ;)

Full disclosure: I am NOT a lawyer. :)




  
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RDKirk
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Sep 05, 2011 08:39 |  #23

uOpt wrote in post #13051468 (external link)
Emails are not proof that she said a certain thing or another. If you comes after you for defacement your position is weak.

Actually, they are (evidence, if not proof)--at least in every state of the US and in the federal government.


TANSTAAFL--The Only Unbreakable Rule in Photography

  
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S.Horton
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Sep 05, 2011 08:56 |  #24

Does she have any idea what she said during the first interview?

Do you think she has enough money to actually pay an attorney to give you a hard time?


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DunnoWhen
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Sep 05, 2011 10:46 as a reply to  @ S.Horton's post |  #25

Offer her a choice

  • Return the fee she received = no printing of material.
  • No return of fee = printing of material.


That should give you an initial determination of how strongly she really feels about this matter.:)

My wisdom is learned from the experience of others.
...

  
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Ledrak
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Sep 05, 2011 11:31 |  #26

Edwin Herdman wrote in post #13052227 (external link)
Think of it this way - you have to get paid, right? (external link) So pay your damn lawyer. (I am going to go out on a limb and say that if you had done that in the first place, you wouldn't have some copied boilerplate agreement that you apparently don't understand - on the other hand your lawyer should not be dazing you with legalese; they should make the document actually readable. I don't know which is the case but it definitely is in your interest to understand under what agreements your business operates.)

You're "assumption" is incorrect.




  
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Ledrak
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Sep 05, 2011 11:38 |  #27

S.Horton wrote in post #13053281 (external link)
Does she have any idea what she said during the first interview?

Do you think she has enough money to actually pay an attorney to give you a hard time?

Probably, and most likely not.

She still has not responded to my last email. I'm going to give her another day, since it's a holiday weekend and she might be traveling. And then I'm going to send a final email stating that I'm taking her non-response to mean that she has no further reservations, in which case I shall proceed however I want with the material.

In the service agreement she signed it does state that she agrees to perform all services to do with the production, including pre, and post-production services that are customarily required for a motion picture or magazine. That in and of itself strengthens my position.




  
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S.Horton
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Sep 05, 2011 14:52 |  #28

Silence is a powerful statement. You are in control here. Do as you prefer.


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Edwin ­ Herdman
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Sep 05, 2011 15:15 |  #29

Ledrak wrote in post #13053835 (external link)
You're "assumption" is incorrect.

If you knew how your release was enforceable you wouldn't be here asking questions.

Get on the damn phone WITH YOUR LAWYER. I'm not saying the advice here is terrible and will land you in jail etc. but they are the person who can explain how to unravel this problem.

At the very least think of it as an opportunity to deepen your understanding of how to deal with a situation like this in a way that would stand up in court. That could save you a lot of trouble down the road.




  
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Ledrak
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Sep 05, 2011 16:03 |  #30

Edwin Herdman wrote in post #13054795 (external link)
If you knew how your release was enforceable you wouldn't be here asking questions.

Get on the damn phone WITH YOUR LAWYER. I'm not saying the advice here is terrible and will land you in jail etc. but they are the person who can explain how to unravel this problem.

At the very least think of it as an opportunity to deepen your understanding of how to deal with a situation like this in a way that would stand up in court. That could save you a lot of trouble down the road.

I understand your point. However, you don't know that I'm not consulting with a lawyer on this matter. And there's nothing wrong with getting opinions from others in the industry as well. That's what forums are for. It never ceases to amaze me how many times people post questions looking for "opinions", only to have others come in and hijack the thread telling them how stupid they are, have no right, etc. to post their questions on an "open forum" and should be getting their responses from only highly qualified professionals. Please... :rolleyes:

No disrespect, and I'm not trying to single you out (as there were a couple of people butting in on this thread giving me the "ask your lawyer routine". But honestly, if I paid no attention to legal professionals and only took the advice I got from people off of internet forums, then I deserve whatever I have coming to me.

It just ticks me off when you ask for "opinions" on here from people in the same industry (who may have had similar experiences), and people can't add anything constructive other than "go ask your lawyer". I just feel like if that's your stance (again, not singling you out) then go and preach that someplace else. I'm not stupid. I know that no one on here can give official legal advice, and I know that no ones opinions here should be a substitute for official legal advice. So I don't need everyone coming in and repeating their legal disclaimers to me. For those of you who have nothing better to add other than the "ask your lawyer bit", then please do us all a favor and skip right over threads like these.




  
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