Am I in the shit? This post is regarding a model release form and an idiot.

[lollirot]

Hi,
I shot some content last week with a guy, I was the domme.
My friend took the photos and video footage.

I forgot to have him sign a model release form.

However he knew what he was getting himself in for (have the emails to back it up). And my friend was there too.

Anyway, we shot, everything was fine. Next day he texts me saying he's decided he don't want the images/footage on my website!

Now I work ALOT with photographers as I'm also a make-up artist.
A few of my photographers have told me I (well my friend who took the photos/footage) own the copyright and can do what I like with the images.
One showed me this site: http://www.thephotographypages.co.uk/2008/05/do-i-need-to-obtain-a-model-release/

But he had a photographer friend email me stating different. But one of my photographers told me she's in the wrong and stating the USA law.

I told him to pay me £500 and I won't use the images or footage. He was going to get someone to write up a contract for me to sign to prove I wouldn't once he paid me of course.

This was all fine till he now thinks he has a leg to stand on due to his photographer friend thinking she knows the UK law.

Can someone tell me. Am I actually in the right here? Or am I not?

Thank you.

And yes I won't be so stupid next time and actually REMEMBER THE RELEASE!

[Cardinal_Sin]

You have no model release form - Which means you have no legal right to use any of the content.
Lesson one - Get the form signed always befor you shoot anything.

[JT]

did you pay him and did you get a reciept of the payment?

[TDW]

Technically speaking, a model release is not worth the paper it is written on.

You own the IP, i.e. the copyright, you may do as you wish with the photos.

A model release just "helps".

The so called growing right to privacy is a concern perhaps to photographers, but in circumstances such as these - the conduct, the chain of correspondence and so on and so forth - publish and be damned.

The real concern is proofs of age. That's where you need to be worried - but the model release per se - no need to worry. Commercial organisations would not buy material without a release but that's not to say you cannot publish it - they just want to try and avoid any aggravation.

[Guest]

You have no model release form - Which means you have no legal right to use any of the content.

Hmm, that's not strictly correct. There's nothing in UK law that says a model release is required.

The purpose of the model release is to set out the agreement between the photographer and the model. The absence of a release doesn't negate any agreement, it just means that it's harder to evidence that agreement, say, in a court.

If lollirot has emails that clearly demonstrate that this guy knew perfectly well what he was getting into and essentially cover the same ground as a model release then there's no reason why she shouldn't use the content. It's up to her to be sure she does indeed have sufficient evidence though.

[dvtimes]

in the usa you need a model release for not just the model, but somtimes even the building et all.

in the uk you do not realy nered anything.

as said above

the reality is if he takes you to court it could be rather expensive for him.

but would i use the pics. personaly no.

at the end of the day all he needs to say is he did the stuff for fun and never expected to be on a site.

of course if you have emails descussing the shoot inc him signing a model release, as that is evidence.

did you pay him?

if you did not pay him, and if so do you have proof you paid him? if so thats one thing.

but to be honest if it was me, i would forget it. it could be more hassel.

plus asking for £500 could be seen as blackmail.

[strictlybroadband]

Yes, you own the copyright, which means you can do what you want with the content, EXCEPT possibly, make money out of it. You can probably get away with selling the content, unless he decides to sue you, in which case it could go either way. You definitely can't sell the content to someone else because they would want a release to cover themselves.

In a nutshell, he was an arse for letting himself be filmed and you were an arse for forgetting the release. :)

[lollirot]

Thanks everyone this has helped alot!

[JT]

Another opinion and some forms that will come in handy

http://www.professionalphotographer.co.uk/Magazine/Downloads/Model-Release-Form