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Advice needed

Posted: Thu Dec 09, 2004 8:22 am
by PR Models Ltd
A model with whom I shot a video a couple of months ago for which she was paid, did not sign the model release and despite all attempts at communication, now just ignores phone calls, SMS and emails. that means I have paid her and cannot sell the video, she hasn't given a particular reason.

I need advice on what to do next, as this can be considered a breach of contract.

Thanks


Re: Advice needed

Posted: Thu Dec 09, 2004 12:01 pm
by Peter
Sue her.

Re: Advice needed

Posted: Thu Dec 09, 2004 1:26 pm
by Lizard
Sue her how? she agreed to having her self video,d, therfore completing her end of the deal, she didn,t sign a model release, so her material cant be used legally, trying to get her to sign now, would surely be very difficult, this should have been stated in the original contract, if it was, was it in writing? if it was verbal, it would be very hard to prove it and very costly, I would imagine.......of course you could use the material anyway, then the onus would be the other way round, and she would have to prove it was not verbally agreed, also very costly, but for her as well this time..


Re: Advice needed

Posted: Thu Dec 09, 2004 1:37 pm
by Peter
She agreed to do a job, signing a release is part of the job, so she hasn't fulfilled her part of the deal.

Re: Advice needed

Posted: Thu Dec 09, 2004 2:24 pm
by todge
EverHard,it's all agreed beforehand,shoot takes place,release signed,money paid in that order -or,at least,should be.
Seems to work well enough.
Must be a set of circumstances peculiar to this bkng for PR to fall for that I'd imagine.

Re: Advice needed

Posted: Thu Dec 09, 2004 2:25 pm
by Joe A
In UK law...

The photographer automatically owns the copyright to any material he shoots. He is the creator of that image/film.

This is an unusual quirk in our laws. He only loses ownership to the copyright if a written document is assigned to someone else.


Re: Advice needed

Posted: Thu Dec 09, 2004 2:31 pm
by Lizard
Thats why I mentioned using it anyway, then the onus is on the model to object to her image bieng used without her permission, tricky.....where,s Ironside when u need him?


Re: Advice needed

Posted: Thu Dec 09, 2004 2:41 pm
by davey
that is all well and good but is anyone going to buy it without a model release?


Re: Advice needed

Posted: Thu Dec 09, 2004 2:47 pm
by tophoto
Just a couple of point to clarify.
Was it made clear to the model before the shoot that the material was for publication and did the fee reflect that a release would be signed.