Hi,
I have a perfromed number of test shoots using agency represented models. I always have them sign a model release form and by means of compensation I always provide edited images for their respective portfolios...
However I have now found that the agencies they are represented by, have taken to using the images without permission, edited, cropped etc. to suit their own purpose, which is to advertise/ promote their own business and model base.
Is this allowed? I have taken to using a watermark on the images provided and have now seen this removed and used on their websites regardless....
Is their nothing I can do, can they simply just use my images without my express permission and do what they have done?
Any help/ advice would be very much appreciated....
M.
The answer is going to exist in the fine print of any agreement you made with the agency. If there is no agreement then they can't use your images but you should register the copyright to gain power of enforcement. I suspect that in the fine print it does grant usage rights...
First off, your grammar gave me a headache when I tried to read your post.
What use did your release grant? Did the Agency refer the model to you, if so I would not bite the hand that fed you but would ask why they edited your watermark out.
No, nobody can use your images without your permission. You are the author of a creative work and control all usage until you sell or give it away.
In this situation, it seems to me the models assumed that you gave them all rights to the photos when you "paid" them with your images. They in turn gave them to the modeling agency to promote the individual models as well as the agency - pretty much one in the same thing.You have to decide if there is a difference between a model "selling" themselves through their own portfoilio (which is sounds like you said was OK) and the models "selling" themselves through their modeling agency.
If you do not want the modeling agencies using your work, some phone calls and certified letters are in order. Politely assume that there was a miscommunication and a misunderstanding and that you are requesting they stop violating your copyright and if they wish to continue using your photos you will be happy to send them an invoice. Do not threaten legal action as you really don't want to go there this early in the game. Keep it professional and they will probobalyremove the images or start negotiating a usage fee. If they continue to ignore repeated requests from you, then consult a copyright lawyer. this should be a last resort as the expenses add up quickly and it is seldom a pleasant or profitable experience.
Good luck.
No, nobody can use your images without your permission. You are the author of a creative work and control all usage until you sell or give it away.
In this situation, it seems to me the models assumed that you gave them all rights to the photos when you "paid" them with your images. They in turn gave them to the modeling agency to promote the individual models as well as the agency - pretty much one in the same thing.You have to decide if there is a difference between a model "selling" themselves through their own portfoilio (which is sounds like you said was OK) and the models "selling" themselves through their modeling agency.
If you do not want the modeling agencies using your work, some phone calls and certified letters are in order. Politely assume that there was a miscommunication and a misunderstanding and that you are requesting they stop violating your copyright and if they wish to continue using your photos you will be happy to send them an invoice. Do not threaten legal action as you really don't want to go there this early in the game. Keep it professional and they will probobalyremove the images or start negotiating a usage fee. If they continue to ignore repeated requests from you, then consult a copyright lawyer. this should be a last resort as the expenses add up quickly and it is seldom a pleasant or profitable experience.
Good luck.
Agree with TapiaPhoto ... sounds like they've overstepped their bounds ... and they should know better!
So, to clarify. Did you get access to the models through the agency or did you find the models yourself?
It seems to me that if it's the former than Seth might be on the right track. If it's the latter than I think Jim's argument makes sense.
The two things that I'd add is that the model might have broken her agreement with the agency by going off the farm. This isn't your problem and the work should come down. The second is that by intentionally removing/cropping out your copyright notice they can't deny that they did something wrong and were trying to cover it up. It might put a little fire under their arses to negotiate if this were brought up.
Good luck,
matt
commented:
July 22, 2011
mrphoto
Professional