Getting sued by client because of image transfer disagreement

Have you ever been threatened by someone to give you full rights of photos or they will sue you? I have a friend who is all shaken up about a call she received earlier today. Apparently she has a model release form signed by client, and clear language that shows rights of photos belongs to photographer. The client missed that, from what she told me, the message said. I told her she shouldn't have anything to worry about.

Hearing this made me want to revisit with my model release document. I'm going to send to my attorney tomorrow just to go through it and make sure there is no stone left unturned.

Model releases are binding contracts. That the client did not note the clause is to their shame. If it goes to small claims which it most likely will the judge will see it as such. Most reputable lawyers will tell them the same thing, the disreputable will say sure I can get what you want, and milk them for the fees.

EOS Man wrote: --snip--

Apparently she has a model release form signed by client, and clear language that shows rights of photos belongs to photographer. The client missed that, from what she told me, the message said.

--snip--

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I thought this was the reason to read contracts carefully . . .to not 'miss things'..?!?


Like all things lawyer-ly . . .one may be in the right ...but pay dearly in time, money, and hassle to prove it.


...tom...

Well if the client signed it, and the language is in it. Tough cookies to them

Ha America is so litigation mad.

Stealthy Ninja wrote: Ha America is so litigation mad.

No surprise since 70% of all the world's lawyers are in the USA.

hghlndr6 wrote:

Stealthy Ninja wrote: Ha America is so litigation mad.

No surprise since 70% of all the world's lawyers are in the USA.

True, because there are so many looking to take from others what they don't have!

Garbo wrote:

hghlndr6 wrote:

Stealthy Ninja wrote: Ha America is so litigation mad.

No surprise since 70% of all the world's lawyers are in the USA.

True, because there are so many looking to take from others what they don't have!

Which defines our Congress as well, where 60% are lawyers, 30% doctors, and the rest are something else, but commoners.

Joves wrote:

Garbo wrote:

hghlndr6 wrote:

Stealthy Ninja wrote: Ha America is so litigation mad.

No surprise since 70% of all the world's lawyers are in the USA.

True, because there are so many looking to take from others what they don't have!

Which defines our Congress as well, where 60% are lawyers, 30% doctors, and the rest are something else, but commoners.

So here's an update. The models husband has now called my friend and saying first that his wife (model) didn't sign any model release form. Then story changed to my friend (photographer) tricked the model into signing the model release form. Apparently saying "no one signs these things".

I told her to contact her attorney at this point.

Good advice EOS, almost sounds like a money racket to me.

Unfortunately I think an attorney is definitely needed for your friend. I don't take my lens cap off without the model release signed. One copy for me, one copy for the model. I have been working with a meet up group where we hire models and work with a PPA standardized contract. So far I have had zero issues.

I think sometimes people threaten to sue to try to intimidate the other person, but may not want to incur the cost of a lawyer and actually going ahead with a lawsuit. But since this situation seems to be escalating it might be necessary for the friend to contact a lawyer.

Why is the model's husband calling?? (It seems like the model/client would be contacting the photographer directly). He may think that no one signs 'these things', maybe your friend should consider pointing out that having a release/contract signed is a standard procedure (on sites like ASMP's there's plenty of info. on releases that shows releases/contracts are used by professional photographers). If your friend is doing portraits and being paid or even doing photo shoots in trade maybe besides a release, a contract needs to be written and signed related to usage of the photos etc.

I'd be inclined even if the photographer was in the right in having followed the terms of the release, to point out what's in the release but offer to come up with a compromise (maybe add'l payment for rights/files etc.).

icepics wrote: I think sometimes people threaten to sue to try to intimidate the other person, but may not want to incur the cost of a lawyer and actually going ahead with a lawsuit. But since this situation seems to be escalating it might be necessary for the friend to contact a lawyer.

Why is the model's husband calling?? (It seems like the model/client would be contacting the photographer directly). He may think that no one signs 'these things', maybe your friend should consider pointing out that having a release/contract signed is a standard procedure (on sites like ASMP's there's plenty of info. on releases that shows releases/contracts are used by professional photographers). If your friend is doing portraits and being paid or even doing photo shoots in trade maybe besides a release, a contract needs to be written and signed related to usage of the photos etc.

I'd be inclined even if the photographer was in the right in having followed the terms of the release, to point out what's in the release but offer to come up with a compromise (maybe add'l payment for rights/files etc.).

good post

Stealthy Ninja wrote: Ha America is so litigation mad.

Sad to say, but you are correct!