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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

 
banquetbear
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Sep 05, 2011 16:53 |  #31

Ledrak wrote in post #13055000 (external link)
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.

...so don't keep us in suspense. What was your lawyer's advice?


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S.Horton
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Sep 05, 2011 17:15 |  #32

This is no different from any business deal going awry. So, if you want some advice, here it comes. You have to decide what kind of businessperson you are. If you paid, they signed, now they want out, you can request money to do that, then void the contract, or you can ignore them and do whatever you think you can under the contract and move on. It comes down to that kind of choice.

The last thing you need to worry about is the counter party's emotional condition.

Their legal postion, well, you could pay an attorney by the hour to review your contract to ensure you are solid, but even that is without value until your upset paid model decides she has damages, consults an attorney, pays a retainer in the thousands, then you get a letter.

Ooooooo she had someone send you a price of paper. Does it matter? Is she well connected and influential which makes her a bad person for business if she is mad at you? Or, is she a flake with no leg to stand on and you will publish because you have every right to?

Everyone seems to think the legal system is like TV. It bears little resemblance to that.

It is much more about who has the money, influence and thus power in the relationship.


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NewWannabe
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Sep 05, 2011 23:14 |  #33

Ledrak wrote in post #13055000 (external link)
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.

I'm new here so I may be off...but you asked for peoples' opinions and they are giving you the opinion of talking to a lawyer? Why are you getting so defensive about that? It's another opinion like anything else here in the topic; if you don't like it you should state that you're looking for opinions that match up with what you want to hear, or that you don't want any possible opinion.




  
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tim
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Sep 05, 2011 23:21 |  #34

To the OP: I don't see the issue. She gave a reply but then didn't like it, so wanted to give you an alternate reply. Just let her, what's the big deal? It's not like she said you can't use the images or anything she said, she just wants to make a good impression to the world.

Models are for looking at, not talking to, so no problem if she wants to redo her interview.


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RDKirk
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Sep 06, 2011 06:30 as a reply to  @ tim's post |  #35

I'm new here so I may be off...but you asked for peoples' opinions and they are giving you the opinion of talking to a lawyer?

That particular opinion in a discussion thread essentially means "everyone shut up and go elsewhere, nobody has anything worthwhile to say, everyone's opinion is useless." Might be worthwhile in some places, but is not the point of a discussion thread.

But actually, if anyone here has real-world experiences to share, those indeed are quite valuable, and in certain specialized areas might be more valuable than even some legal opinions. There are photographers I know who have been in many lawsuits who might actually know what happens in the courtroom with photographic issues than a my local small-town lawyer who has never even read the particular subject.


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RDKirk
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Sep 06, 2011 06:31 |  #36

To the OP: If I understand correctly, your magazine is primarily for entertainment purposes, not hard news. I think you should produce an interview that is, above all, entertaining and leaves the reader with a feeling entertained having read it.


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uOpt
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Sep 06, 2011 09:06 |  #37

RDKirk wrote in post #13053233 (external link)
Actually, they are (evidence, if not proof)--at least in every state of the US and in the federal government.

The government uses emails they seize from company's email servers all the time and they are great evidence - in their hands.

Unfortunately it is a different matter if you bring the printout of emails to a US court. The problem is that you can manipulate the text in there at any time. They can still be used as evidence but it comes down to the judge flipping a coin on whether be thinks things are important enough to you that you would go this far.

There is cryptographically signed email which cannot be manipulated but most judges don't know about it. It would also not count for much if the sender is more or less computer illiterate and you have been the one giving the program to her.

Obviously celebrities get things put into their mouths all the time, and interviews are edited for language and otherwise, and magazines get away with it. What happens if you are accused of doing to a non-celebrity will probably be quite random, that means you would have to look at existing lawsuits that had a judgement.


My imagine composition sucks. I need a heavier lens.

  
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uOpt
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Sep 06, 2011 09:09 |  #38

Ledrak wrote in post #13051583 (external link)
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.

Audio recording n(starting with consent), or a signed printout of the interview (whether it was email or audio). Or spoken interview with a witness.


My imagine composition sucks. I need a heavier lens.

  
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Phil ­ V
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Sep 06, 2011 12:09 |  #39

Ledrak wrote in post #13051583 (external link)
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.

If you want legal advice on journalism, asking a bunch of photographers probably isn't the best way to get it?;)


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Ledrak
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Sep 07, 2011 00:35 |  #40

NewWannabe wrote in post #13056986 (external link)
I'm new here so I may be off...but you asked for peoples' opinions and they are giving you the opinion of talking to a lawyer? Why are you getting so defensive about that? It's another opinion like anything else here in the topic; if you don't like it you should state that you're looking for opinions that match up with what you want to hear, or that you don't want any possible opinion.

:rolleyes: Uh, yeah... I did that. Please go back and re-read my previous post.

To everyone else who actually provided constructive advice I thank you. I'll try and update the final outcome of this scenario when it happens.




  
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