Juergen Specht
Shakodo Staff
This is a tough one. I'll be interested to hear what the pro's have to say, and am surprised that no-one has chimed in.
For myself, as a woman and an amateur, I'd have to say that I'd probably agree to take the online images down. I'd want to keep the portfolio prints and those that are hanging in galleries, and any marketing collateral like postcards, though.
It does seem strange that suddenly after several years someone would want the images pulled, but it's not up to you to sort out their self-esteem issues. If the models want all the images destroyed and you rely on those photo's for marketing, then sure, the model should expect to have to buy you out. If they're just a small part of a much larger body of work (excuse the pun), though, I mightn't take such a hard line.
Jmho, as an amateur planning to go pro ...
I hate to be hard on this, believe me...but I go the extra mile to make sure that I can use the pictures I take, so if somebody comes after such a long time, it’s a bummer really. All my pictures are also my products...I make often more money with licenses than with assignments, so every picture is a part of my business. The nudes don't bring in much money (yet), but they are my artistic outlet, exhibitions are promotion and from time to time I sell prints, too. Who knows what happens in 10 years, maybe I get "discovered" and suddenly my body of work is worth a lot. Having then some gaps in there, because somebody changed her mind is a) annoying, b) organizational work (if I don't delete them, I need to "flag" several images or entire series) and c) probably a much bigger loss.
Its really a difficult decision and it depends very much on the tone and reason of the request...really curious what others have to say. Thanks Tanya! Make model releases, so you are at least save on the legal side!
It seems to be fairly clear cut since you have the model releases, that you can do whatever you wish (to include doing nothing with the photos).
However, the choices in doing business are decisions that each individual business owner must make on a case-by-case basis.
Wow. This is a tough one. I have to say my first reaction, according to my moral compass, is that if something I did or am doing is causing someone else difficulty or harm, I would do my best to comply. I looked at your work - absolutely nothing sleazy or disrespectful about your images - very, very tastefully done. The only thing I can think of for the regret these models have had after years have gone by is that they now realize those images could harm their career (political office?) or their personal life (future husband is a minister?).
Having said all that, these are adults. They made their choices. They stood naked in front of you for at least a few hours and I am sure they had multiple opportunities to tell you they were uncomfortable. How many unwanted tattoos are there out there? They should hold there head high, say "Yes, I did that - what's the problem?" and move on. Be a big girl and accept responsibility for your own actions.
I would try and talk them out of their request first. If that does not work, I do like the solution you are considering. I think, when you have a quiet afternoon, to sit down and compose a standard response to these requests stating that these photos cost you money, time, effort and they are quite valuable. They represent your skills and talent and that is not something that can just be thrown away. Tell them that you do understand their predicament and that you are not heartless. Decide if the images in questions are shots you can live with out (I have a few that I would never part with) and if they are not your favorites, come up with a price. A LARGE price. If the photos will damage their reputation that much, I am sure they will find the money somewhere. The dollar (yen) figure will sort out those models who would like their images destroyed from those that need their images destroyed. This is not extortion in any way - this is you being properly compensated for the art you created.
Good luck, I hope this and future similar situations work themselves out smoothly. Keep us posted.
Thanks Jim! She hasn't replied yet, but I will ask her again, you are
right. Looking at all my answers to all 5 cases made me think I have the
standard reply yet...but then again, I surely hope this is not becoming
a standard...when I know more, I update here. Thanks!
I had a similar situation a long time ago. Not nude, but very becoming lingerie shots. Not revealing; just sexy. No online images, the Internet hadn't been invented, but a part of my portfolio and often used in gallery shows to solicit future work. The person in question, a very lovely lady, was getting married to a rich, pompous, up-tight member of a very important family and the husband-to-be was concerned that the photos might somehow be damaging in the future. (I suspect he had plans to run for U.S. President or some other high profile political office.) I sold her the display prints I had in the studio, but refused to sell or destroy the negatives. Her finance has his lawyers threaten me, so I named a price: $100,000 (today that would be about $1 million). They sent nasty letters, which I framed and hung in the studio. The lawyers eventually tired of the game.
The marriage lasted about three years. Many, many years later she called and asked if I would reprint one particularly lovely pose. She intended to give that picture to her new husband -- to whom I believe she is still married.
Rog
That’s a great story, Rog! I once had a similar request, a former model wanted me to remove a picture of her from my site, because her new boyfriend didn't like it. I wrote her a looong letter, asking her basically: "does your boyfriend really loves you, or just his interpretation of you?"...we left the picture up. 3 months later she wrote me again and apologized, she broke up with the boyfriend and told me that she was too proud of her picture and I was right...he tried to change her and she felt more uncomfortable with him than with the pictures she took (and loved!) being on my site. Case closed.
As probably every photographer since photography was invented, I shoot nudes. Started exactly 23 years ago and will probably do it until you can take my camera out of my cold, dead hands...
My pictures can be seen since ~11 years on my web site, I had several very successful exhibitions and the pictures got published all over the place.
Maybe in 1995 I realized that model releases make sense and started to use them practically for every shooting I did. Models get properly compensated with either money or with a TFP agreement, sometimes I also shoot regular head shots/model portfolios in exchange for modeling for my ideas. Works fine and I have a steady pool of models asking me to shoot them.
But lately it happened more often than I like (5 times in 10 years, 2 times alone in the last 4 months) that a model has late regrets and ask me to "take the pictures down". The last request I just received a couple of days ago with the subject line "Urgent", even the pictures are on my web site since 8 (!) years and I gave away probably 1000 postcards with one the shots from this particular session (of 3 I made with this model).
Additionally to the model releases, I also keep all the emails which lead to the shooting and after, so its kinda interesting to see the immediate feedback after a shooting "Great pictures! Great experience, when do we shoot again?" to the sudden "Take them down, they damage my reputation!"...
The pictures are taken with consent, models are older than 18, a release exists, accompanying emails exist and I work in 99% of the cases also with an assistant, which makes a great witness, so I feel very safe on the legal side of things. Plus I see myself as easy-going and people can talk and discuss things with me. However, my usual reply is a No, I don't take them down.
What I am doing is to explain models that just because she changed her mind years later and has regrets, doesn't mean that deleting pictures from my web site will not really change the fact that the pictures exists...maybe somebody made already a copy from my web site, or people shot a picture of a picture in one of my exhibitions...it cannot be undone. I suggest to live with it and have the self-confidence to acknowledge the fact that she did something she regrets today, but its done and time to move on. By accepting this, the possible attack vectors are taken away and there is nothing embarrassing about it, because nobody can blackmail you with something you openly admit. Of course my advice sounds kinda easy and is probably harder to do than it sounds.
But for me such a request is close to being insulting, because it kinda implies that we did something sleazy and also doesn't acknowledge the value of the photographs...some of my sets took me a long time to build and prepare, they costs me money and I even looked longer for the right model for the right shooting. In short: these pictures are unique. They also chronicle my development as a photographer and so my life. I cannot just take them down and forget about them, my inner artist revolts against it.
In the last request I gave the model a lesson in self-esteem, but I also offered for the first time that if she really cannot cope with the situation, she can think of compensating me financially and we can reach an agreement to never show the pictures again in public, or up to a full "buy out" with the clause that I have to delete the pictures from my site and archive. I left a price open, but should this happen, it will not be cheap.
What are you guys doing in case you get such a request? Any better way to handle this?