Trouble With Models Claiming Rights
 

I was wondering if anyone's ever had issues shooting a model and them coming back later saying that the conent is theirs. I have documentation (model release and photo id) that this person was my model and has no rights but they are going through ccbill and this is getting frustrating. Can anyone direct me where I need to go to learn more about how to make sure my ass is covered and to make sure that this doesn't get out of hand. This model is using the content on 3 other sites.

Thanks for helping!!!

im no expert but it sounds like you have a breach of contract on your hands...

maybe someone with a little more knowledge on this subject could correct me if im wrong but if im reading your post right thats what it looks like to me.

You should contact a lawyer.

CCbill on the otherhand should be satisfied and usually is with a copy of the model release to say the content belongs to you.

I'm thinking you need a lawyer. Sometimes all it takes to solve a problem like this is a lawyer's letter with copies of the original documents. Sometimes it takes more, but I'd at least talk to a lawyer. That's just common sense.

Thanks for the replies. CCBill has had me remove the conent for the next 10 days and if she doesn't provide them with a court document stating that I have to keep it removed then I can put it back up. They were not satisfied with my model release and all the other information that I sent them.

I just wish I knew that I wasn't the only one that had gone through this LOL Hard to keep a positive attitude.

Any suggestions on what I should do with future models to possibly prevent this from happening again?

Thanks so much!!

She's talked to one and they called this morning. I sent her copies of everything and she said the model is saying it's all forged. God, this is is irritating. From now on I'm just gonna video tape the signing!! This is just so stupid - why are girls so damn frustrating! I really wish that I didn't have to deal with them but sadly lesbian shoots sell so damn well! Arg! Then again I have a feeling guys can be just as catty.

Tiffany, you should have a "Grant of Rights" document (or have the language incorporated into your release) singed by both model and photographer. properly worded this grants all rights/ownership and usage of the images/video/recordings to you/the business. It could also clearly defines any rights/usage you give the model/photogs (such as use of an image in a portfolio, etc)

Good luck.

Don't ever give the images to the model. If she signs a release she has no rights to even have them. But again, contact a lawyer.

I think they will have to prove it's a forgery. You have a copy of her drivers license with her signature on it and a signed contract. Again, contact a lawyer....

Really sounds like you need a lawyer to clear this up. If your documents are worded properly and you indeed do own all rights, then ccbill should be on your side. Why does ccbill always have to be dicks?

This happens again and again by time. But that's a problem with all the processors and hosters, they are always claiming to be the judge, even they do not have a clue about anything

hire some tough friends from italy and let them pay her a visit (soprano style) |club| just kidding ...
i'm wondering, tho, if the contract had been signed and all the papers are OK, how the heck can the models claim the pictures for themselves? or am i missing something here?

If you don't already take a picture of the girl holding up the signed contract and her ID you should do so.

Get a lawyer to make sure that your model release is leak free.... normally if you send ccbill the model release that should be enough. But it sounds like your model release needs some more work :)

Here's the thing with some models. True story. A friend was going to open a pornstar site for a girl and when he looked over her content she had content from all kinds of other paysites. She said but the content is what I shot for them, it is of me so I should be allowed to show it on my site. |crazy|

Oh believe me, I've wanted to show up at her door with a baseball bat LOL I had a lawyer look at all the paperwork and it's all in order. What the issue is, is that she's claiming I forged it all, so I'll have to go to good ol court to clear it all up. All my paperwork is in order though. Oh, and she had someone join my website and download the conten for her. I wish I knew who it was 'cause I'd ban him for life for doing that shit.

CCBill just puts an end to it and gives the complaining party 10 days to get court documents stating the content must be removed. If not then it goes right up and stays forever. I am going to look into civial court to get her to stop using thee. I'll post the outcome whenever it comes, this could be a very lengthy procedure. Not looking forward to it.

Great suggestion! Thanks so much for that one, I will do it from now on!

Yep, that's kinda what she's saying. But she's going further and saying I shot her for FREE! Are you kidding?!? Ya, I'm gonna spend over 40 hours shooting you for free. I don't want anything in return, no, nothing. Whatever. I know I'm a woman but I freakin hate deling with a lot of these female models! Maybe I'm just finding a lot of luck finding all the crazy fat chicks in Florida LOL

The first two are standards these days.
1. Make sure that you're release form has been approved by YOUR lawyer.
2. Always photograph the model holding her IDs.

In addition to this I'd suggest getting a signed document or even a video of her stating that she's doing this under her own free will, she knows that YOU will have the rights to the material and that she's not being influenced by drugs, alcohol or being pressured by you in any way.

Nice tips!

Oh I almost forgot.

NEVER have alcohol or drugs of any type at any shoot. Don't give anyone a glass of wine to calm them down or any thing like that. Coffee, doughnuts and snacks perhaps but NO booze or anything that could be used to affect some one's judgement.

Who's the model in question? Would be nice for others to know her agenda bofore shooting her.

So she stole the content from you? I would be pursuing that with an attorney as well and go after the 3 sites *your* content is showing up on. Sounds like someone needs a nice little C&D letter.

Also, make sure you watermark all your content. That way if it comes down to it, you are the only one in possession of the original content. 9times out of 10 the photographer is the one that owns the content.

Humm - I've always make them sign and photo them doing so and holding the ID - I'd get ahold of a lawyer like everyones saying - I'd give no info to her lawyer and refer to yours. If she's using the images and making money on them you can sue her if your contracts valid.

You sound like youve done content work!

Probably no-one knows her, she goes by the stage name of Madison Manson these days. She's a bbw that likes doing darker type things. When I shot her it was all cute stuff. I like girls to look pretty, but that's just my thing.

I've tried a few watermarking programs out there but all of them take away from my picture quality and I can't figure out how to do it with photoshop. Do you by any chance have a link somewhere that I could read more on how to do it?

except Gonzo......no donuts for Gonzo. He makes up all kinds of stories to keep the donuts.

|catfight|:D

Models should be watching their figure.

Thought that was what the fur was for?
|jester|

The way I do it with photoshop is creating an action (just recording one where I make a watermark on one image), then batch process folders with that action. You may need separate actions for vertical and horizontal, or you may be happy with one action for both.

Of course, when you sell to someone, you'll need the non watermarked version, but I would agree that if you're giving the model copies, you need to give her watermarked copies only.

I have dealt with dipshit talent before, yes :)

Bingo. Photoshop actions and batch processing is the best way to do it.

Thanks! Why didn't I try the batch processing before with that? I do it for everything else. Thanks for the helpful hints. I was stupid and gave her a membership login and that's how she got all the content. I'll have to spend a few days....or weeks....watermarking and re-uploading everything.

Thanks again everyone for your help.

same thing happened to me :(
its really hard to deal with these girl-models

I think it's worth pursuing this angle as leverage. It sounds like you're on solid legal ground, whereas the model is not. If the model realises that court action will result in her being sued over copyright infringement, loss of earnings, etc., then she might, or her lawyer might, see the light and drop it.

What about going the "if you don't stop this crap, everyone in the industry is going to find out about it and you won't be able to sell a life raft to a drowning man."

Send her a big ass list of content producers and buyers with a draft of the letter that they'll be getting if she doesn't wise up.

9-out-of-ten - who among us can afford that one time??? This is an excerpt from our contracts - we also have contracts to establish a sub-contractor relationship, std testing, non-disclosure, etc... Shit it takes most models 2 hours to just read the damn contracts. Of course, we shoot most of our models more than once and try (very successfully) to get exclusive contracts for 3 to 6 months.


excerpt follows:
Contractor shall not post or permit the posting of Contractor’s Image on any web site, sell or distribute Contractor’s Images without GMP’s express written authorization.

I understand that Producer will be distributing the films in which I act through numerous channels of distribution and that the films will be viewed by persons not a party to this Model Acting Consent and may be viewed by persons known to me. Once distributed, the films cannot be recalled.

I understand that any film made shall be owned exclusively by Producer and that any profits earned by Producer or third parties due to the production, manufacturing, copying, publishing, dissemination, duplication, reproduction, or reissuance of the films are and shall remain the exclusive property of Producer or third parties and that I have been fully and completely compensated for my acting efforts and any consents, releases or contracts granted by me.

As used herein the term film or films means all records made of my acting efforts including those recorded on traditional film media by traditional methods as well as those recorded on electronic recording media and stored in digital format.

I have read and that I understand the terms of this Model Acting Consent, that I enter into this Model Acting Consent, and that this Model Acting Consent shall inure to the benefit of Producer, its successors and assigns.

Model’s Signature: Date:
Model’s Printed Legal Name:
Model’s Address:
Model’s Phone/email:

Witness’ Signature: Date:
Witness’ Printed Legal Name:
Witness’ Address:
Witness’ Phone/email:

I always shoot in raw (nef) format - burn a dvd of the original nef files, use adobe raw file converter to adjust image color and exposure (if needed) then save the files as PSD files - I then back them up again (sans watermark).

Now split the psd files into two directories, landscape and portrait. Create an action to drop your watermark on all images in each directory and automate the action using the batch function now burn to dvd again (with watermark)

I then run use the "web photo gallery" option on the .psd files to create the 3 different size .jpg files and thumbnails that we use on the site. Burn the web galleries to dvd.

I then ftp the images and thumbnails to the site and run our add script - after ftp I only have about three minutes work to set primary and tour (teaser) images.

By backing up the images at each stage, I reduce the loss if a dvd gets scratched - I often burn two copies of the original nef files on shoots that I know went well.

Shit - just swap the nikon out for a S&W and shoot away.

We're talkin bout BBW here! Bring on the donuts!