Morality and legality.

9 months 2 weeks ago #648172 by thefudh
First off, I do not mean to offend any photographers with my words here, I am just wanting to understand things a little better. I tried looking for a more appropriate sub form for my question, but I think this is as close as I can get.

Okay, so, here's the issue. My girlfriend had some pictures taken of her by a photographer. Some of them were nude. She being new to everything didn't know about contracts or model releases. The photographer never had her sign any kind of contract or release. 

Now, he hasn't published any of the photos, but he posts them on his Instagram (censored) as advertisement for his personal site where he sells the photo-sets, and Patreon where he offers the  "18+ content uncensored versions" She never gave any kind of consent or permission for her nude photos to be used in this manner. We don't care that he's making money off them, we just want him to take her photos down. We tried asking him, and he said he would, but he hasn't now he has created a new post on patreon about her with the title "What if I told you there was more
" the dashes replacing her name. He is now also posting her full name in the tags instead of just her first. And has also tweeted on twitter about how "girls get boyfriends and then all of a sudden don't want their pictures posted anymore."

 I knew she was modeling before I started dating her, and have no issue with that. My issue is that she doesn't want these nude images of herself being used in this manner. Especially since she was never given access to see all the photos that were taken. 

Any advice? 


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9 months 2 weeks ago #648173 by Ozzie_Traveller
G'day mate

You ask "any advice?"

YES - get a bluddy lawyer into action immediately, along with "take down" notices to the website displaying the images

Others here will no doubt have more to offer

Phil from the great land Downunder
www.flickr.com/photos/ozzie_traveller/sets/


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9 months 2 weeks ago #648177 by Mike McKinnon
OMG, time to lawyer up and sue the pi$$ out of this photographer.  He is wrong in so many ways!


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9 months 2 weeks ago #648227 by Meskill
Was she paid by that photographer or did she pay him for these photos? 


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9 months 2 weeks ago #648282 by thefudh
She paid him for the shoot.


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9 months 2 weeks ago #648284 by Sawyer

thefudh wrote: She paid him for the shoot.


Sounds like a complete sleaze ball photographer.  I would get an attorney and take this guy to court.  While at it, make sure you leave an appropriate review for this guy on Yelp and any other site others might be looking at this guy.  

He doesn't have the right to use those photos and certainly not in the manner that he is.  Had she signed a release document with clear description of what he was going to do with these, then he might have some grounds.  

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9 months 2 weeks ago #648293 by Mason Katz
Another thing to consider is your location, what country are you in?  Not to say right and wrong are different, however might be more difficult to pursue this guy in certain areas of the globe.  


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9 months 2 weeks ago #648296 by icepics
I'm sorry your girlfriend had this happen and I'm glad you're helping her figure out what to do. She could try contacting websites where the photos have been posted to see about having the photos taken down, and let them know she didn't sign a release or give permission. (I would think the subject matter might violate website Terms & Conditions but if the sites have 18+ sections then maybe they're allowed in those sections.)

I agree she may need to consult with a lawyer. The photographer owns the copyright to the photos, even if she was provided photos that were paid for. There should have been a contract specifying usage and she should have signed a release to allow/not allow usage.

A lawyer might be a good idea to help deal with this photographer since his response seems to be trying to get back at her by using her full name and making comments about models having boyfriends, etc. You'll probably need to consider the cost of lawyer's fees but at least one consult could help figure out what to do since there was no release and he wasn't given permission, but there was no contract to specify usage one way or the other.

Sharon
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9 months 2 weeks ago #648298 by Mason Katz
"I agree she may need to consult with a lawyer. The photographer owns the copyright to the photos, even if she was provided photos that were paid for. There should have been a contract specifying usage and she should have signed a release to allow/not allow usage."

This just doesn't make sense.  It's the photographers burden to manage this.  Not the client.  The client hired the photographer for a specific task - to take her photos.  What gives the right to the photographer to them sell access to view the photos or to take such private photos and reference them in the manor as done?  

Sorry but for me, this is not a situation "she MAY need to consult".  She should.  Just my 2 cents.  


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9 months 2 weeks ago #648323 by I shoot RAW
Unethical photographers just burn me.  For clothed respectable client shots part of your professional portfolio, yes OK.  Something like this where the person hired the photographer, just wrong IMHO.

Wasn't me :)
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9 months 2 weeks ago #648327 by GaryA
Nothing you would do, short of breaking his legs, will makes him change, would make him do the right thing.  Contact an attorney immediately.  An initial letter should cost $150 - $250.  

There are photographs everywhere. It is the call of photographers to see and capture those images.
www: garyayala.com

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9 months 2 weeks ago #648434 by Adam Nagle
Legal Zoom might cost you less and be just as effective.  


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9 months 2 weeks ago #648467 by Patrick G
So wrong of that photographer.  Tacky and unethical.  


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9 months 2 weeks ago #648488 by Kate Stailey
No class or integrity.   


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9 months 2 weeks ago #648643 by Pete Franko
Keep us posted on this.  I would like to see how this turns out.  Good luck! 


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