- This topic is empty.
Model Agency Copyright Infringement
-
Hi, new to this blog, and really need some help on this.
I am building a fashion portfolio at the moment and took some shots of a number of models whom I discovered on the street. Three models I found are now signed to agencies. One particular agency in Dublin used images I had given to the model to show to potential agencies, and they are using the images on their website and model card. I did not give permission for the agency to do this, I thought this was copyright infringement?
I contacted the agency owner, who scoffed at ‘copyright nonsense’, citing that if a model gives him pictures, he can use them to promote said model and his business whichever way he sees fit. Surely if I am against my work going up on his site I can request him to take them off? Neither the model or the agency paid for my work.
Am I in the wrong? Should I issue a solicitors letter?
thanks.
Have a look at Ashleys comments on this page, sounds something similar to your own situation.
Get everything in writing, don’t use informal agreements
https://www.photographyireland.net/viewtopic.php?t=22534
It depends on what was agreed between you and the model in the model release.
It’s seems that the company is breaking copyright. You took the photo which makes it yours. If someone else uses it then by all means you should be getting some money for it. I’d send in a solicitors letter.
Hi Design
Not to sure about the legal end of this thread but it really comes down to the agreement you discussed with the model,its very important to establish what and where these images are going to be used and if you expalined to the model about copyright. If you worked for TFP you might have offered her CD or a few prints but she should know that reproduction without youre consent is breaking copyright, altough i feel she may not be aware. I get this the whole time in the studio as most of the general public dont understand fully about copyright unless you outline it from the offset.If this agency boss is being this flippant he should be very carefull as he of all people should understand :? Did you add any stamp or watermark to your work as anybody in the industry will be aware of right of copyright control over a said photographers work. I think on the SWPP web they used to have sample model release forms providing youre a member they are excellent to use.
BenI think JoeyVW s point is on the mark – regardless of release forms which many admit are not really enforcable, as the creator of the image you should still have some say and/or a third party should not be able to profit from your efforts.
Having said that, naming and shaming the agency in this and other model forums would certainly warn other photographers against using his clients which will only hurt his business potential. Models also should know the integrity of the agency they deal with
imho when building your portfolio there is a certain amount of times you will do paid work for free and be generous with image usage, you should be thinking of working with the agency not against it.
i really hate being ripped off but when portfolio building you gotta give a little.
be flattered the agency like your shots, they might ring you the next time they have a new face.
Unlike alot of other countries, in Ireland it’s some of the modelling agencies that represent photographers. In my opinion, do not do what SetantaB said and name and shame. Be happy that they used them. They must have been good if they did! Take it as a lesson learnt and move on, split milk and all that jazz.
i guess you don’t have a contract with those models. In this case it doesn’t matter because there doesn’t exist any writing, that you allow the model to use the images for her own business. As soon as you press the button, you are the copyright owner of the images and have full control about the right of uses for third parties. If there is a modell involved, YOU would need her/his permission to print or sell the images and when she/he would like to use the image, they need YOUR permission!
When there are no written agreements between you, then the image is useless because every print or use could end infront of a court!Few ideas / inspiration:
1. use this print for your own effort. Put it into your portfolio with naming the model agency! (of course it would be more powerfull when your name is mentioned)
2. For the future…no images without model release (including the fact, that the model can use it for their own advertisment but your name has to be printed!!!)
3. If you are so desprate about it, contact a copright laywer…. you are in a powerfull position.
4. Warning for naming & shaming the agency / try to work together…. could be good business….of course based on a contract (;Cut your losses and move on. The effort is not worth the grief.
Learn from it for the next time.
If you talk to a lawyer they will probably recommend to drop it as it is probably financially not worth chasing it.
However, if a makeup company used it on a poster – that is a different story…
Regards,
Conor
You must be logged in to reply to this topic.
