Okay, so here's the story. Last Sunday, I went to a bike show that i was given permission to take photographs at by the coordinators. I do two different things that these shows. I get photographs for bike magazine submissions (which I have people sign a release for) and I take shots that people can view on a website and purchase if they like. Two different ways to make money. You know how it goes. Anyway, I took shots of this one bike and got the guys permission to submit to magazines. He signed a release. And then I handed him a business card with the site address and told him that he could get view or purchase his photographs there by Friday of this past week. Then this morning I wake up to this email. . .
You took photos of my chopper at this event and I signed a release under the guise that you were going to get the shots in a magazine...Clearly thats not what you do...The release I gave you is revoked...Please remove all pictures of my buke from your web site...I think you would sell more prints if we you were upo front...Please remove my bike immediately. This is a formal and final request.
So this is what I sent back to him. . .
Dear Patrick,
I believe that you misunderstood me. I do submit the photographs to magazines. I am currently working on contact sheets and CDs that will be sent to various magazines. However, that takes a bit longer than placing the pictures on a website. I have sent one of the photographs of your bike to an online magazine, www.2wf.com and it should be appearing there within the next week. I did inform you when I handed you my business card that the photographs would be available for sale and viewing on my website by Friday of the next week. I apologize if you misunderstood me or if something was not clear. I ask you to reconsider your position.
Thank you,
Andie Freeman
And this was his response:
My position stands...Please remove my bike from your site and do not publish any photos of it...You do not have permission to do so.
My thoughts are that the photograph is mine period. It was taken by me in a public forum and HE SIGNED A RELEASE which is a CONTRACT. He can't just back out of it now because he's decided he doesn't like it.
What do ya'll think?
Thanks!
Just make sure what you put in the contract says what you told him and what you've done with the photo of his bike. If not, he could legally sue you.
We grant permission to Andie Freeman Photography to reproduce the photographs taken of me, members of my family, or my property for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium.
Then they sign, date, describe the photo session, and put down the automobile information.
Quoting Kellie:
I would have to read the contract he signed. If you were clear on your position in the contract, it doesn't matter what you said to him (legally). He signed it and that's that. He should be more careful of what he signs in the future if he's going to have amnesia the next morning.
Just make sure what you put in the contract says what you told him and what you've done with the photo of his bike. If not, he could legally sue you.
Quoting Kellie:
Then you legally have the right to use those photos anyway you want. But do keep in mind that idiots like him will make your professional life miserable and will do anything and everything possible to give you a bad name (even though you are in the right). If the photos of his "property" are WONDERFUL and you just can't live without them, then take a stand and tell him to go suck an egg. But if it's not really worth it to you, then tell him that you will pull the photos from sites and magazines, but that you will not break the contract. With any luck, he'll forget all about you and you can post them anyway. Good luck and let me know how it goes!
Quoting andiebfreeman:
The contract states this
We grant permission to Andie Freeman Photography to reproduce the photographs taken of me, members of my family, or my property for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium.
Then they sign, date, describe the photo session, and put down the automobile information.
Check out these Tasty Treats from The Stir's partners:
Model release
- andiebfreeman
on May. 12, 2008 at 1:00 PM