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.