Yet another my image was used without permission...yep here we go again ;)

AnCatDubh

Scotty # wrote: »

The photographer deems himself a professional but yet does not provide any kind of contract.

For clarity I don't think the photographer has indicated he is a professional. He may be but the thread is on the basis that the photographer may or may not be a professional. On the other hand it has been indicated that the model is, and considers herself a professional model as does the website in question.

Being professional has no bearing on matters of copyright.

Splinters

I openly admit I SHOULD have got a contract drawn up, as already stated multiple times here.

However I don't accept that it excuses the model from not taking a few seconds to check it with me first if it was ok to use them commercially, instead taking the default position that she was entitled to.

I never said for one second I was a professional. However the model and website are. I made the mistake of not clarifying the usage but in no way does that default permission to them.

Safe to say lesson very much learnt anyway.

sheesh

magicbastarder wrote: »

i'm going to stick up for the model here; i know it's been laboured a bit here above, but she was obviously given no guidance about usage of the shots, and thought it was a 'you scratch my back, i scratch yours' arrangement; so she got some free shots with no strings attached. and then the photographer attaches the strings after the event.

I would disagree that was exactly the arrangement the photographer could have the image in his portfolio and the model could have the image in her portfolio of images.

So they both get a Photograph for their respective portfolio. that is like for like.

the photographer cannot use the image commercially (legally) without a model release the model has an image of herself which she cannot gift or sell to another entity.

I think she should have known, unless she is brand new to modeling. The model needs to learn the business side of their profession or stop calling herself a professional.

gloobag

If the girl is a proper professional model, surely she is represented by an agency? If she is, complain her. None of the decent agencies in Dublin would tolerate that sort of carry on from their models.

nucker

Good point there

Splinters

Although I would totally agree with you I think what he means is that I didn't explicitly say "You cannot use this for commercial use". I (wrongly) assumed as a professional model she'd be well aware of this, but that was my mistake.

I honestly don't know many models who would need to be specifically told this. However I do accept that I shouldn't have left any possibility for it to be misinterpreted.

Corkbah

Splinters wrote: »

I honestly don't know many models who would need to be specifically told this. However I do accept that I shouldn't have left any possibility for it to be misinterpreted.

All of them .... and their bosses/agents.

Splinters

I guess I've just been lucky enough to work with very considerate people up until now then.