Author Topic: Problem with an escort photographer . (Read 4742 times)

ana30 · « **on:** 08 February 2016, 01:53:02 pm »

So I hired this guy to get new pictures (he's semi known). A three hour photo shoot where I was promised all the files in a CD right after the photo shoot and 8 retouched photos of my choice 2 days later.

Photos came out "decent"... but:

1) He gave me a CD with only the B&W files (we shot both color and b&W). So I'm missing all the colour photos and that's half of the images.
2) Two days later he sends me 8 images that I don't intend on using as they don't correspond at all with the ones I asked.
3) I asked him to sign a model release at the end of the session (silly cow me for not discussing this at the begining) and he refused. Later I find out he has a pretty lucrative business as a "fine art erotic photographer" where he sells fine art prints online and to galleries using the images he shoots of sex workers. He has also two books of erotic nudes in Amazon. His excuse is that he refuses to sign model releases because (from the UK law's point of view) the photographer keeps all the copyright to those images if there's no signed model release (I don't know if this is the case or not -would need to do a proper research-)

I (very politely) called him up and asked if he could send me the color images and the proper selection of retouched images of my choice. He hung up on me and won't answer my e-mails (so rude). Clearly this is one guy that views women as a peace of meat that will make him money and can care less about us.

I didn?t get what I was promised for my money and now I may (or I may not) end up in some fine art print or in some bloody erotic photography table book. I feel I've been used and I'm pissed off.

Is there anything I can do (small claims court?) or should I just call it a day, lesson learnt and cross my fingers so that I don't end up decorating someone?s living room?

(All feedback is welcome. Thanks so much)

ana30 · « **Reply #1 on:** 08 February 2016, 02:04:47 pm »

By the way, I paid the full fee right after the shoot and once he gave me the CD (but silly me didn't check out all the files were there as I was a bit in a rush).

Ieaio · « **Reply #2 on:** 08 February 2016, 02:54:15 pm »

Name and shame? (i dont know legal) What a deceitful man.

ana30 · « **Reply #3 on:** 08 February 2016, 02:55:12 pm »

Quote from: Ieaio on 08 February 2016, 02:54:15 pm

Name and shame? (i dont know legal) What a selfish man.

I'd rather not on a public forum

He's London based though.

ana30 · « **Reply #4 on:** 08 February 2016, 06:37:59 pm »

I understand that in the UK, in the absence of any other agreement, copyright of photos belongs to the photographer. (This is one reason to talk copyright before having photos done, not some time later.) The law around the need for model releases is also different from the US.

So If I write a long e-mail to the photographer and request him NOT TO use my photos and that any use of the images will result in legal action on my side bla bla bla.. will help me protect myself if I ever decide to take legal action against him?

Am I really screwed now?

Thanks.

amy · « **Reply #5 on:** 08 February 2016, 06:46:10 pm »

I don't know what legal action you think you can take regarding use of the photos, Ana? He owns the pictures and can do what he likes with them, unfortunately.

I'd wonder whether sending him an email like this might egg him on to misuse the photos even if he hadn't planned to, not that it makes any difference. Have you got records of emails where you've discussed what you wanted and what the pictures were for and not for, and what you were supposed to get for your money (which you didn't get, and this is something you probably could take action over)?

If you could please PM me details of who it was I'd appreciate it too as I'd like to be able to warn newbies

.

ana30 · « **Reply #6 on:** 08 February 2016, 06:48:13 pm »

Quote from: amy on 08 February 2016, 06:46:10 pm

Have you got records of emails where you've discussed what you wanted and what the pictures were for and not for, and what you were supposed to get for your money (which you didn't get, and this is something you probably could take action over)?

Yes yes yes. i have e-mails discussing all that. I'll pm you the guy.

Gypsy · « **Reply #7 on:** 08 February 2016, 06:51:08 pm »

Quote from: Ana30 on 08 February 2016, 01:53:02 pm

So I hired this guy to get new pictures (he's semi known). A three hour photo shoot where I was promised all the files in a CD right after the photo shoot and 8 retouched photos of my choice 2 days later.

Photos came out "decent"... but:

1) He gave me a CD with only the B&W files (we shot both color and b&W). So I'm missing all the colour photos and that's half of the images.
2) Two days later he sends me 8 images that I don't intend on using as they don't correspond at all with the ones I asked.
3) I asked him to sign a model release at the end of the session (silly cow me for not discussing this at the begining) and he refused. Later I find out he has a pretty lucrative business as a "fine art erotic photographer" where he sells fine art prints online and to galleries using the images he shoots of sex workers. He has also two books of erotic nudes in Amazon. His excuse is that he refuses to sign model releases because (from the UK law's point of view) the photographer keeps all the copyright to those images if there's no signed model release (I don't know if this is the case or not -would need to do a proper research-)

I (very politely) called him up and asked if he could send me the color images and the proper selection of retouched images of my choice. He hung up on me and won't answer my e-mails (so rude). Clearly this is one guy that views women as a peace of meat that will make him money and can care less about us.

I didn?t get what I was promised for my money and now I may (or I may not) end up in some fine art print or in some bloody erotic photography table book. I feel I've been used and I'm pissed off.

Is there anything I can do (small claims court?) or should I just call it a day, lesson learnt and cross my fingers so that I don't end up decorating someone?s living room?

(All feedback is welcome. Thanks so much)

After all this he should have paid you!

ana30 · « **Reply #8 on:** 08 February 2016, 07:07:18 pm »

Found this:

w.sirimo.co.uk/wp-content/u...srights-v2.pdf

After taking a read I think a fair summary is no, a photographer doesn't NEED a model release under UK law to take or use (most) photos.

BUT

Getting one signed could make a photographers life easier in the future when using the image. Especially if they intend to submit it to any picture library,international publication or commercial use. So the recommendation for tographers is to get one signed where it's easy to do so.

It looks like there's a "bit of a grey area" and we might be not so screwed after all for not getting a proper model release (?).

elainegirl · « **Reply #9 on:** 08 February 2016, 07:57:46 pm »

so sorry Ana30.

could you please PM me his details. I'm hoping to get pictures taken and Do Not want to book this guy.

Thanks and hope everything works out.

Elaine

elainegirl · « **Reply #10 on:** 08 February 2016, 08:00:17 pm »

Quote from: amy on 08 February 2016, 06:46:10 pm

I don't know what legal action you think you can take regarding use of the photos, Ana? He owns the pictures and can do what he likes with them, unfortunately.

I'd wonder whether sending him an email like this might egg him on to misuse the photos even if he hadn't planned to, not that it makes any difference. Have you got records of emails where you've discussed what you wanted and what the pictures were for and not for, and what you were supposed to get for your money (which you didn't get, and this is something you probably could take action over)?

If you could please PM me details of who it was I'd appreciate it too as I'd like to be able to warn newbies .

Hi Amy

I'm looking at booking photographer in London and naturally do not want to book this guy.
could you please PM me his details or do you list photographers to avoid.

Thanks
Elaine

_{[quotes fixed]}

DiscreetLady · « **Reply #11 on:** 08 February 2016, 11:09:36 pm »

Quote from: amy on 08 February 2016, 06:46:10 pm

I don't know what legal action you think you can take regarding use of the photos, Ana? He owns the pictures and can do what he likes with them, unfortunately.

I'd wonder whether sending him an email like this might egg him on to misuse the photos even if he hadn't planned to, not that it makes any difference. Have you got records of emails where you've discussed what you wanted and what the pictures were for and not for, and what you were supposed to get for your money (which you didn't get, and this is something you probably could take action over)?

If you could please PM me details of who it was I'd appreciate it too as I'd like to be able to warn newbies .

Really sorry about this. I think you should e-mail him and tell him that you'll take legal action for not giving all he promised, and if applicable, for making a profit out of your photos. I think by law, he should share the profit with you but don't take my word on it as I have no idea anyway i hope this asshole pays for what he's done.

@Amy, can you pm this guys details?

xw5 · « **Reply #12 on:** 08 February 2016, 11:12:16 pm »

As you've realised, without any other agreement to the contrary, copyright is with the photographer. Hence, if you're paying someone to take photos, you need to sort out what happens to them before they're taken.

Here, you've been promised something and he's not delivered. There's a course of action there.

What was said about your use of the photos?

ana30 · « **Reply #13 on:** 08 February 2016, 11:43:58 pm »

I've been doing my homework and investigating that "grey area" and this is what I found:

So you go to a photographer and he/she shots pictures of you and there is no contract/model release involved. Congratulations because you just gave him/her the copyright of your pictures and now they can do whatever they want with them.

So, is the photographer now entitled to use your image to advertise a product? Throw it up on a billboard and slap it on the side of a tube of toothpaste without your consent?

In the UK technically: yes (in other countries: no).

BUT

... a consideration in doing so may be that photographs in the UK are subject to libel law, so for example, if you (the model) didn't wish to be seen to endorse said toothpaste, and for whatever reason, feel your reputation has been damaged by being seen to do so you could sue the photographer and he wouldn't have a leg to stand on. Again: if the usage of the image portrays you (the model) in a negative manner (as perceived by you) the photographer may find himself/herself fighting a compensation claim. Model releases help photographers to avoid this situation.

Conclusion:

In the UK the model has no *commercial* claim to an image whatsoever, but can only approach the photographer on grounds of libel. Of course than would involve getting a lawyer and spending quite some money in order to sue the photographer.

Best thing is to just get a bloody model release (or contract) giving you copyright to your images next time you get some pictures and avoid this mess all together.

ana30 · « **Reply #14 on:** 08 February 2016, 11:53:24 pm »

Quote from: xw5 on 08 February 2016, 11:12:16 pm

What was said about your use of the photos?

It was a verbal agreement. I payed him to shoot photos for my website. I told him I'm very protective of my private life hence the reason I blurr my face on my ads/website. I also told him I did not wish to see my images published anywhere because clients TINEYE images all the friggin time (to see if they're fake or not) and I didn't want them finding those pics online with my face showing. If he published them showing my face technically this would be grounds for libel (I believe). At the end of the session he refused to sign my model release. Then I found out he has a lucrative business selling fine art prints online and to galleries. I was not happy to say the least.

See also the main SAAFE.info site for more Support And Advice For Escorts

Author Topic: Problem with an escort photographer . (Read 4742 times)

ana30

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