From: ad607@none.invalid   
      
   "Robert Montgomery"  wrote in message   
   news:qd6jo.652$u9.33@edtnps82...   
   > I'm a photographer who recently photographed a model.   
   >   
   As you are posting via Telus Canada, I'll give you the general rules in   
   Canada.   
      
   > I made the mistake of not getting her to sign a model release.   
   >   
   You really should get a model release any time you photograph a person.   
   However in Canada the photographer normally owns the copyright unless it's a   
   "work for hire" scenario. In other words, she hired you, and paid you. Most   
   photographers will place a copyright notice in their contracts to the effect   
   "photographer retains copyrights"   
      
   > This week she angrily objected to me publishing images of her on   
   > Imagekind.com, a big art and photography Web site. The images are   
   > available on that site for purchase as art prints and art cards. She asked   
   > me for a 10- or 15-percent royalty on pictures that I sell of her, unless   
   > the images are in my paintings.   
   >   
   The model release and contract should have been agreed on before the shoot.   
   Particularily when a the purpose of the shoot was for commercial gain.   
   10-15% seems fair, IMHO.   
      
   > Who owns the copyright, given the fact that there's no model release   
   > signed by her?   
   >   
   You really should get a model release any time you photograph a person.   
   However in Canada the photographer normally owns the copyright unless it's a   
   "work for hire" scenario. In other words, she hired you, and paid you. Most   
   photographers will place a copyright notice in their contracts to the effect   
   "photographer retains copyrights"   
      
   > Her Craigslist ad that I responded to said she wanted "$25 an hour or   
   > trade for copies".   
   >   
   Time for Prints is fairly common for a new model that has no agent, and no   
   book. $25/hr is pretty fair price as well.   
      
   > She told me later that she'd be happy to get six or seven good,   
   > low-resolution photos emailed to her per shoot. We did two shoots and I   
   > emailed to her about 100 edited photos out of the 500 or so pictures I   
   > made of her, but she demanded that email her all of the unedited photos as   
   > well.   
   >   
   Low res? what ever for? In a Time for Print, the models I work with get   
   final high quality 11x14" portfolio prints. Normally models I have worked   
   with will get some extra web sized images, these are © watermarked and I   
   have yet to have a model not link to me from her model site.   
      
   > She's accusing me of breaching our verbal contract.   
   >   
   > She said she only authorized me to use her image in my paintings, but also   
   > wrote by email to me she would permit me to use her images in my paintings   
   > so she could get a reproduction print that was based on the painting(s),   
   > so she was indirectly authorizing me to print prints as well.   
   >   
   > (I'm a fine artist and photographer who creates paintings, art prints and   
   > photo art prints. This was the first time I have used a model in my   
   > photographs and art.)   
   >   
   > Robert   
   >   
   A learning experience, always get everything in paper and ink, not   
   electrons. Print out a contract and model release in duplicate, and both   
   parties must sign them, I normally meet a new model at a public place, like   
   a coffee shop, and I always tell them to bring a friend with them. So there   
   is a witness to the signatures (which is a bonus)   
      
   Like someone once said... "a verbal agreement isn't worth the paper it's   
   written on..." While a verbal agreement is a binding agreement, it becomes a   
   he said, you said issue when it goes sour.   
      
   Darrell Larose   
   Ottawa   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)