# Free photoshoot done but model wants all her photos deleted. What to do?



## WizofLight (Jan 20, 2011)

My friend and I picked up photography as a hobby and wanted to learn  taking people photos in a studio setting as well as be able to show our  work in a portfolio if needed. We posted up an ad on craigslist that we  will offer free photoshoot session, no money is involved by either party  and in the end we mail out post processed photos to the models. We  received 3 serious inquires and planned out a saturday session.  Early  that morning, lights, stands, backdrops, etc. was purchased and setup.   All set and done, the photoshoot was successful and everyone had a great  time. Two days pass by, 1 of the models sent us a message stating that  her family didnt like what she did and wants us to delete ALL photos of  her. My friend and I were shocked since non of the photos were  provocative nor sexual, other then in some photos she wore some high  shorts that revealed her tattoo on the thighs. Some of the photos were a  group shot of all 3 of them together,  photos were already mailed out  to the other 2 models. We tried negotiating that we will only use your  photos in our portfolio. She wants us to delete all the photo including  the group photos with other models and in addition, she want us to sign a  form stating we will not use her pics and wll delete everything we have  infront of a notoriety. We have a release form she signed.


Our release form states:
I grant to J**** H*** and B* C*** the right to take photographs of me
and my property in connection with the above-identified subject. I authorize
J**** H***  and B* C***, its assigns and transferees to copyright, use and
publish the same in print and/or electronically.

I agree that J**** H***  and B* C*** may use such photographs of me
with or without my name and for any lawful purpose, including for example
such purposes as publicity, illustration, advertising, and Web content.

I understand I may only use the photos and files for personal use only. I
may not sell the rights to the photo unless given so fromJ**** H***  and B* C***.

Our  understanding is that we have the rights to the photos. We also tried  working with her so that we can keep the photos and use in our  portfolio. I dont want to delete them because we worked really hard and  put alot of efforts into this session. Please advise.


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## Light Artisan (Jan 20, 2011)

So long as she's over 18, it's your call.


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## Robin Usagani (Jan 20, 2011)

Easy.. this was a TFCD. Since she wants them deleted, treat it like a paid session. For example if a girl wants nude pictures of her but she doenst want me to have the copies, I will gladly sign a contract saying I will delete all the files of my HD once she has all the photos and files (for a price). Just tell her to pay you for your time and service, give her the files.. call it good.


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## Trever1t (Jan 20, 2011)

as stated, if she's over 18.


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## WizofLight (Jan 20, 2011)

Yes shes over 18, we checked her license.


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## Trever1t (Jan 20, 2011)

then I'd venture that you're good to go. I'm no legal expert but if she signed a release form I'd think she released ownership and have no claim of one.


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## swoop_ds (Jan 20, 2011)

Don't you just love stupid people?


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## Opher (Jan 20, 2011)

Schwettylens said:


> Easy.. this was a TFCD. Since she wants them deleted, treat it like a paid session. For example if a girl wants nude pictures of her but she doenst want me to have the copies, I will gladly sign a contract saying I will delete all the files of my HD once she has all the photos and files (for a price). Just tell her to pay you for your time and service, give her the files.. call it good.



Im with Schwettylens,
If she wants to buy the right back then i would be up for it but i wouldn't just delete them.  You invested your time and equipment into it and you deserve compensation for it.  That compensation would have been the photos.



erose86 said:


> If she's over 18 and she signed a release, there's not really much she can do... UNLESS of course, your release isn't completely "legal" (as in, you didn't run it by a lawyer, and because of that there is a loophole that you don't realize that won't hold up in court).  And you're also going to have to deal with the possibility that THEY will try to take you to court to fight your decision to keep them...
> 
> I think you are doing a good thing by not using the photos for anything but your portfolio, but this leads me to ask... how are you showing off your portfolio?  If it's online... then that's good enough reason for her not to want you to use them in your portfolio... but here again... she signed a release.
> 
> ...



Ya when reading that contract im thinking it would not me hard to get it turned over in court lol. 



But just say that if if the shoot was a portrait shoot then you would have charged $X  and if they would like to have the agreement that that would be an option.  Be nice about it though


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## kundalini (Jan 20, 2011)

> Two days pass by, 1 of the models sent us a message stating that her family didnt like what she did and wants us to delete ALL photos of her.


The contract is between you and the model, not a third party.

Seek professional advice from an attorney in your state that is knowledgeable in these matters.


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## Phranquey (Jan 20, 2011)

As I read your release, and if she is indeed over 18, I would tell her "Bummer, you signed on the dotted line, the photos are mine."

Now, it depends on how far _you_ want it to go.... If daddy was unhappy with the photos, and decides to pay for an attorney for his baby girl and take you to court, was it worth standing up for yourself ??


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## WizofLight (Jan 20, 2011)

If we get brought to court, our only loss is the photos correct? Is there any damage they can file?


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## Josh66 (Jan 20, 2011)

I don't really see how they could sue you for damages...  I guess that wouldn't necessarily stop them from trying though.

If you went to court, I think your only 'loss' would be whatever the attorney you hire costs.


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## Phranquey (Jan 20, 2011)

WizofLight said:


> If we get brought to court, our only loss is the photos correct?


 
That, and the money for your own attorney to defend yourself.




WizofLight said:


> Is there any damage they can file?


 
They can try, but I don't think so....  

Obviously, you're not there yet, but I'd make a couple of calls to some attorney's offices, let them read over your release (some offer free or discounted consults), and see what they say. Might be worth a few $$ to see where you stand, and maybe get your release tweaked for future shoots.


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## Dominantly (Jan 20, 2011)

I think the best idea so far is offering to have them purchased back. Like mentioned, you worked for the photos (as your compensation) and should not have to give them up. 

If they don't wish to purchase them back, they probably don't wish to spend the money on a lawyer.


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## Trever1t (Jan 20, 2011)

I wouldn't really sweat it. Let it play itself out. The ball's in their court. My bet is it isn't pursued past the request.


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## WizofLight (Jan 20, 2011)

I dont see how i can sell them back to her since the other 2 models have some of the photos too from the group shot.


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## Opher (Jan 20, 2011)

WizofLight said:


> I dont see how i can sell them back to her since the other 2 models have some of the photos too from the group shot.



You will just have to put a clause in the new agreement that allows the others personal use...   and just explain that you can not remove the rights already granted to the other models.


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## OrionsByte (Jan 20, 2011)

She did not pay you anything for the shoot - your compensation was experience and photos that you can use for your portfolio.  If you can no longer use the photos for your portfolio, then she's basically revoking your compensation, so asking for "alternative" compensation (i.e. money) seems like a pretty fair thing to ask for in my opinion.


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## OrionsByte (Jan 20, 2011)

WizofLight said:


> I dont see how i can sell them back to her since the other 2 models have some of the photos too from the group shot.



Do the models know each other?

Considering they didn't pay anything for the shoot, I think explaining to the other two models that the group shots will no longer be available due to an agreement with the other model (might be best to leave out the details) probably would not cause you any trouble.

As far as what you've already sent out, well, at the time you were acting according to the signed release, so I don't see that there's anything she could ask you to do about those, and if she really wanted them, she'd have to go after them herself.

Crazy situation, sorry man.


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## Bitter Jeweler (Jan 20, 2011)

You know what? Just delete them. Whats YOUR loss if you do? Zero.
Are you not going to have Any other opportunities to get pics for your portfolio?
Sometimes you just suck it up to a live and _*learn*_ moment.


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## ChadHillPhoto (Jan 20, 2011)

Personally, legally I think youre in the clear. But as a professional I can tell you, its probably not worth the hassle or the damage to your rep to fight her on it.


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## Josh66 (Jan 20, 2011)

Bitter Jeweler said:


> Just delete them. Whats YOUR loss if you do?


How about not being able to deliver them the the _other_ clients, who _don't want them deleted_ and are also in the same photos...?


You have three people, and one of them changes their mind after the fact...
Are you supposed to just tell the other two, 'oh, I'm sorry - but your friend changed her mind, so I won't be giving you those pictures I said I would...'?

---

Well, they're already in the mail, I guess.  So that doesn't really matter.  I still wouldn't delete them though.  There is always a chance that the other two models will want more prints later.


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## Biggs88 (Jan 23, 2011)

There your photos. She signed the release. I would never delete them. I assume you have her address?

FedEx her a copy of the release and a well written letter saying to cease all contact with you. 

It's nothing personal.


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## CCericola (Jan 23, 2011)

<---Is not a lawyer

If they push you could probably win in court but why the hassle? Just tell her you will delete them but the other models have copies of the group shots.

Sounds like her family needs surgery to remove the collective stick up their butt. Not worth the trouble.


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## Nihilation (Jan 23, 2011)

Maybe you should post a few photos here for us to make a better decision.


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## orljustin (Jan 23, 2011)

CCericola said:


> If they push you could probably win in court but why the hassle? Just tell her you will delete them but the other models have copies of the group shots.



How would they win anything?  "We had an agreement, I signed a release, but, uh, I changed my mind over these non-explicit images".  They wouldn't win anything.


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## gsgary (Jan 23, 2011)

Post some of the other girls and we will tell you if they are worth keeping


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## Sw1tchFX (Jan 23, 2011)

are the pictures really that great?


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## ghoste30 (Jan 23, 2011)

:addpics:

lol jk


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## CCericola (Jan 23, 2011)

orljustin said:


> CCericola said:
> 
> 
> > If they push you could probably win in court but why the hassle? Just tell her you will delete them but the other models have copies of the group shots.
> ...




Uh Sweety, re-read my sentence please paying attention to this phrase "you could probably win in court". And is there a possibility they win? Of course, if they get a good enough lawyer. Welcome to the USA where you can get a million dollars for spilling hot coffee down your pants. Anything is possible.


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## beenie (Jan 23, 2011)

Your time used up...I agree with the idea that she has to buy them

If that doesn't work, do remember that just because you have the RIGHT to do something, it doesn't mean that it is the right thing to do....


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## orljustin (Jan 24, 2011)

CCericola said:


> Uh Sweety, re-read my sentence please paying attention to this phrase "you could probably win in court". And is there a possibility they win? Of course, if they get a good enough lawyer. Welcome to the USA where you can get a million dollars for spilling hot coffee down your pants. Anything is possible.



Thanks, Sugarlips.  I didn't realize I lived in the USA.


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## Edsport (Jan 24, 2011)

What's the purpose of getting an agreement signed if you're gonna delete the photos. If you're gonna do that then don't go through the trouble of getting it signed...


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## ghache (Jan 24, 2011)

She is an adult, she signed the contract, photos are yours to use in your portfolio and there is alot of chance that this will stand in court on your favor.

The only thing i am wondering about the pictures is: Are they that good that you are ready to put time and effort in all that, go in court to put them up on your portfolio? Are the models know each other? ditch the pictures IMO and re-shoot with the other two models if they really want the pictures.

I dont wanna be rude but if you just started working on your portfolio, i dont think the quality of the shots you took (We all went trough this when we first started.) are worth the pain and trouble to go to court . Get on model mayhem, Schedule with TF models and shoot again.

To have a SOLID portfolio, you will need more than 1 shoot to get it completed.
Maybe more like 10 to 20 GOOD shots.

Just save you time, drama and pain , tell her to grow up. and re-shoot with models that knows what the hell they want. 

P.s add a line to your contract that stipulate that you will NEVER delete your work on any models request. lol


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## epp_b (Jan 24, 2011)

Talk to a lawyer, spend some money if you need to.  If they say you're in the clear, you can politely tell the model that she signed a legal agreement and inform her of her options (buy them back, basically).


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## Photo95 (Jan 24, 2011)

there are reasons why we have release forms.... Once signed, it cannot be undone. 
Just make sure you have the original signed papers, and tell her that there is nothing she could do.

Offer her to pay for the photography sessions and you will give her pictures back, but since she was over 18, nothing her parents can do will change that. She made her choice as an adult to sign those papers.

You invested time to buy equipment and you took the time to do the photoshoot. Now, you should be compensated somehow for your time and money. Either she pays up or you keep the pictures as your payment.

If you want to be nice, then I guess go ahead and do what she wants you to do. 
If she comes from a broken home and is really worried about her pictures, then you sign a waiver form saying that it will only be used for your portfolio. That is the best you can do.


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## xjoewhitex (Jan 24, 2011)

I always try to keep my models happy, even tho you wont be working with her again it is possible your reputation could change because of her sadly. The pictures are yours, there's no doubt she signed the release its a done deal. The way I see it tho, if you did it once you can do it again.. I like the charging idea, have her pay you for your time and delete them.


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## BKMOOD (Jan 27, 2011)

I wouldn't delete a damned thing! But that's just me. I tend to hate models anyway... which is why I tend to shoot just sports.


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## Croissant Seven (Jan 27, 2011)

I'm laughing over the fact that she is saying that her family is pressuring her to get the photos deleted.

Maybe daddy threatened to take away the Audi, or defund her college fund?:lmao:

I've never met an 18 year old who gave a hot fart what his or her family thought...unless there's money involved. Idiotic. 

Either that, or she's considering a career in politics or entertainment and doesn't want those photos coming out later on...in which case, she needs to come up with the scratch to buy you off now, rather than later.:lmao:
C7


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