Liability to the model...

I'm wondering if anyone out there has any idea about this subject.

Here's the situation: I'm a photographer on top of everything else I like to do with art, and I've got a lot of photos of a lot of different things and people. Mostly I stick to shooting just random stuff, because it's hard to get a model. However, while I was with my ex boyfriend he posed for me multiple times, and I've got a rather large collection of photos of him. At the time he said it was fine to use the photos in my portfolio and add them to my gallery (though they haven't been added yet. I finally finished the edits in photoshop just the other day, uploadng them now) as long as the fully nude poses weren't uploaded as straight photos (I can draw or paint the poses, however, just he didn't want his penis on the internet in an actual picture. *L*). I'm fine with this, because I wanted to paint a few of the more nude photos anyhow, because the poses were fantastic (he's an asshole, but he was always a great model).

Anyway, I don't plan on selling the pictures, but here's the real question: if I do decide to sell them at some point, do I owe him money? I didn't get a release form, and there was no compensation, but it was understood that he was modelling for free anyway. It's not really money I'm concerned about, I'm more concerned about him eventually deciding he doesn't want me using his image anymore and asking me to take the pictures out of my gallery.

How does it work, though? With paintings and such it's easier, because even when using a model the artwork is expressly yours and you can do with it what you will, but what about photographs? Does he have any say so, or are they my artistic property completely now? I would think since we'd discussed everything (including the possibility of sale) that I'd owe him anything, but since there's no paperwork documenting the agreement we came to it could easily allow him to sue me for using them, if he really wanted to, I think. I'm not a lawyer, so I don't know the specifics.

Any ideas?

 

I don't know if you still have a relationship with him but have you asked him whether it would bother him? How would he find out if you sold them anyway?
I did study copyright amongst other things in my Law and Communication class but I didn't go into detail. I would think that they're your property. I wouldn't THINK that you owe him anything. I think he would be the one having to show proof of your agreement. Any lawyers in this joint?! Lol.

 

We talk occasionally, and I asked him just the other day if he minded me uploading the nudes (It was one of my favorite shoots. Seriously, some of my best work!!) and he just restated what he'd said from the beginning: that he doesn't care that I use the pictures as long as I don't post the ones blatantly showing his genitalia online as photographs, but paintings or drawings of the poses are ok.

I'm mostly worried about him changing his mind down the line and getting mean. He's not generally the type of person to do something like that, but if I learned anything from my ex husband is that you really can't trust men to take the high road if they get bitter about their exs. I thought it was women who were typically the ones to do it, but I was proven wrong.

 

at least here i think copyright law would need you to make a contract on paper, where he gives you the right to sell the pictures if they are of a nature that could harm him or his carrier. At least it makes life soo much easier.
But a photograph is an artwork, so it should be ok, you own the pictures, i don't think he can demand money of you in afterhand if he was aware that the pictures would be used. Now using them in a commersial purpose, i e selling them.. hmm.
Yeah, get it on paper. just in case.

 

Here are some of the photos in question. I love them!


http://disposableheroine.deviantart.com/art/Strong-Hands-104239608


http://disposableheroine.deviantart.com/art/Watch-Out-104239680


http://disposableheroine.deviantart.com/art/Sleep-Now-104239743

 

You would be wise to get a release from him. There are standard releases available to print off on the web. Most of this info you can find out on the web. There are quite a few good photography sites out there that address this.

It's really best to get release from anyone you photograph. There are some ins and outs to when it's necessary and not. But always best to cover yourself if at all possible.

Some choose to do a release that basically allows both parties to use the product, but having it ultimately be your property. Some will write in some sort of clause so that the other party is notified when an item is sold (notified not that they have to agree necessarily)

 

I do photography too by the way, if I haven't said that already..

Hello, we are in the same business.

I'd say they are ok to sell without contract from him, it's not like it's sensitive material...

 

Wow, your ex was quite attractive. I really like the shots, you're a talented lady.

 

I'd probably look at the reasonable expectation...I don't think he ever had an expectation of compensation from the photos that were taken. There was no contract either verbal or written; he allowed you to take the pics with no conditions.

1.) Was there an agreement of any kind?
2.) Was there consideration (a bargaining leading to an exchange)?
3.) Were there any implied conditions (meaning...was there any implication that he would ever be paid for the use of his image)?

4.) Might there be an argument for restitution interest if this arrangement was viewed as a quasi-contract (the injured party...your ex...conferred a benefit to you...and a court might view it as unjust that you alone retain all of the benefits and earnings you may receive from those photos)?