Disagreement with the Client over Photos

I have a bit of a dilemma.

I shot a model yesterday for her portfolio, and I totally spaced and didn't have her sign the model release form.

Well today I put up a few of the shots on my myspace page, and she doesn't like them, and I love them. She's asked me to remove them.

I do not want to remove them.

What jurisdiction do I have here to say "NO" to her??? Do I have any?
Do I have automatic copyrights becuase they are my photos?

Im not printing them and/or advertising them anywhere. They're just on myspace. And they're my photos. Can I tel her no? Would you?

these are the photos in question that she wants removed.

int0xicatedxluv wrote in post #6139264
She's asked me to remove them.

Seems fairly obvious (too me).

You do own the copyright but without a release it ends there, if you get business of any kind from myspace (which by the way she can infer) its a commercial use, no model release no right to use them that way.

You took them for HER portfolio and she doesn't like them. I think you should take them down. You don't want her bad-mouthing you to anyone.

Hmm. okay.

From a personal standpoint, I wouldn't hesitate to remove them. Its just the right thing to do. How would you feel about a photographer than took a photo of you that you hated, and posted them on the internet and refused to take them down at your request?

From a legal standpoint, you are in a gray area. If you are ready to pay the legal costs of defending your right to display the images, and could case less about doing the right thing, then keep on trucking. You could probably win in a legal tussle, but it would be a hollow victory after you look at what it cost you to defend yourself.

I see a couple options;

Ignore her and hope she doesn't take legal action. You would probably win, but there is still a good chance you could loose. Throw the dice! Either way this could be an expensive option.

Offer to pay her so that you can display the images. She has a price, and its somewhere between .01 cent and 53 million dollars. Finding the price you can both live with is the key.

Take down those images, hire another similar model and re-shoot the same images. Changes are you will improve on the results, and like the images much better anyway. That would be my choice.

You could ask her what she doesn't like about them. You might be able to resolve it with some photoshop work.

You could reason with her in that if you can't use them for your portfolio, then you could be compensated for your time. Ie, if you asked her not to show any of the images because you didn't like them, where does that leave her? As a TFP scenario, both of you should be able to use the images in order for it to be fair to both members.

Lastly, you could slip her some memory altering drugs such that she will no longer remember who she is, or be mentally competent to identify herself. In that case you are free to use them at will. (disclaimer: this is humor, don't try this at home, at work, or anywhere )

lol i like the last option

I took everything down but my two favorites.
her dislike is in the processing on those two particular images. She's complaining about shadows. i'll give them another run tonight, but odds are, they'll just stay down at this point.

Boy, lesson learned ALWAYS make sure to remember to bring the dang release with you!!!!!!!!!!

sfaust wrote in post #6139360
Lastly, you could slip her some memory altering drugs such that she will no longer remember who she is, or be mentally competent to identify herself. In that case you are free to use them at will. (disclaimer: this is humor, don't try this at home, at work, or anywhere )

int0xicatedxluv, I'll lend you my “Men in Black” mind eraser.

its called a neuralizer. get it right next time sport.

-MasterChief- wrote in post #6145120
its called a neuralizer. get it right next time sport.

Will do Lesson learned eh?

She doesn't like the shadows and I can see why.

However if she plans to use them in her portfolio and will not allow you to use them then your entitled to fair compensation for your time.

And lesson learned, model release always.
Print off a thousand and put them in your glove box and gear bag and anywhere else you can think to stash one for when it is needed.

Does she want the photos? Is the model didnt pay you, make her sign a release if she wants them. IF its a TFCD deal, thats usually what the terms are, model gets nice photos for her use and tog gets portfolio images to be used for advertising...

If she paid you them its her terms...

Can you lessen the shadows by minimizing the editing on the pics? It looks like you were sorta heavy on editing.

Unless she was PAYING you she has no rights over the images. They are yours to use as you wish. As long as you do not directly sell them for commercial purposes they are yours. The myspace is a portfolio application and as such I think you are covered there too.

I like the work, I think it is very strong and applied very well. I do not allow anyone to tell me what to do with my images, period end of story. She was not coerced into posing, She wanted to be there, she knew exactly what was going on.

With those two particular images you actually have no way of proving who the photo is of... as you cant see her face...

But out of good faith I'd remove them...