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  1. #11
    wildbill's Avatar
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    A fellow student. No model release. No money for lawyers. You enrolled in the class to learn about photography, right?
    www.vinnywalsh.com

    I know what I want but I just don't know how to go about gettin' it.-Hendrix

  2. #12
    get_me_a_gun's Avatar
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    I was aware that I was being photographed.

    If I took a picture and wanted to enter it in a contest i would get the models consent, and offer her at least a fourth of the earnings. yes she took the photo but if it was a photo of a crappy model it wouldnt have won. Out of all the photos shes taken she said the ones of me came out best, because I do most of the work and she just happened to get lucky.


    i am happy for her but at the same time, i model for her for free and she hasnt given me anything for my time.

  3. #13
    get_me_a_gun's Avatar
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    Quote Originally Posted by wildbill
    A fellow student. No model release. No money for lawyers. You enrolled in the class to learn about photography, right?
    that doesnt mean she cant share the wealth! i need to spend $$s on photo stuff , not that im bitching, im just saying she has money she should share it.

  4. #14
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    Quote Originally Posted by wildbill
    A fellow student. No model release. No money for lawyers. You enrolled in the class to learn about photography, right?
    Just to note, the OP said he attends the same school as the photographer. He did not indicate that they were in the same photography class. So it should not be assumed that he was acting under some blanket model release.

    The OP does seem to indicate that these were "posed" shots such that both he and the photog were operating with the knowledge that he was a model. So, I think he should inform the photog of her omission in obtaining a model release. At the least she should be made aware that she should have sought one at the time of entering the photo in the contest - and that she certainly should do so in any future similar situations. Telling her this fact is doing her a real favor because the next model may indeed go to a lawyer.

    That said, I generally agree that - except perhaps for a print and perhaps a free meal etc. - the OP should not seek any remunerative compensation.

  5. #15

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    You could be entitled to the "usual and customary" fees paid to models for similar "work" in your area. The photographer may not know who you are and if you come forward in a nice way, may offer you a print and a some money as well in return for a signed model release. When signing the release you have to consider that the photo may have even further travels beyond this contest and could be sold many times over if it's a really great shot. You may or may not want this photograph of yourself in world-wide distribution. Photography students at some point are instructed in this area of the business and need to apply what they have learned in real life settings such as this.

    It's irresponsible for the contest sponsors not to require model's releases with its entries.
    "A certain amount of contempt for the material employed to express an idea is indispensable to the purest realization of this idea." Man Ray

  6. #16

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    Actually, you have no entitlement unless the image is published. If for instance, the photo of you was published in a local newspaper or in a magazine, you would have a case. If the image was used as stock in an image bank where it is leased out for commercial use, you would have a case. If the image was sold to a client and that client intended to use the image for advertising or publication purposes, you would have a case.

    However, revenue obtained as an award would probably not qualify you for any royalty. Unless, the image shows up in an interview, say on "Sunday Morning". But that would be highly unlikely, "Sunday Morning" would require a release.
    Don Sigl
    www.drs-fineartphoto.com

  7. #17
    david b's Avatar
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    What is the time frame here? When did she win and when did she collect the money?

    I think you should ask for a print and be happy. The photo won because she is a good photographer and you're a good model.

    To quote you "i need to spend $$s on photo stuff , not that im bitching, im just saying she has money she should share it." I too had (some) money when I was in photo school. I did my photo 1 class with a Hasselblad. Does this mean I had to share my money with my classmates?

    Also, as a model, what were you required to do?

  8. #18
    Dave Parker's Avatar
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    Hey look on the bright side, if you were a good enough model to be featured in a shot that won, perhaps you have a career as a photo model, and use the earnings from modeling on the side to purchase your camera equipment.

    Dave

  9. #19
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    Quote Originally Posted by get_me_a_gun
    yes she took the photo but if it was a photo of a crappy model it wouldnt have won. Out of all the photos shes taken she said the ones of me came out best, because I do most of the work and she just happened to get lucky.
    thats horrible. I promise you dont do "most of the work"
    there was likely alot more to it than just "you being the model" or "luck"
    she won because she took, what the judges likely felt, was a good photo and she entered it into the contest for judging. the rapport she has with you, her exposure, her printing, her time, etc, all play a part in the final print.

    The model release should have been done for sure. Theres no doubt about that. Mistake on her part, one that she hopefully learns from.

    you are coming across as very egocentric about it. Much like whats been said already, congratulate her, and expect nothing in return.

    did you happen to enter any work in this same competition?

  10. #20

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    First lesson when working with models:
    Make sure you get a signed release

    95% of my work is shooting models. Your photographer friend may have caught a break with the award, but the image of you cannot be used commercially. This may come back to haunt the photographer. I certainly would not publish anything without a release, not even on little foums like this. If the image was good enough to win an award, its probably good enough to warrant some commercial use. But without a release, it can't be used in that capacity. So, you might want to remind your friend of this little fact. Sounds like the photgrapher might not be aware of it.
    Don Sigl
    www.drs-fineartphoto.com

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