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  1. #1
    get_me_a_gun's Avatar
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    If the photographer doesnt have a model sign a release> wins money off the photo...

    Hi, so true story here. This happened very recently.

    Last semester I was photographed multiple times by a girl taking some photo classes at the same college I go to. She entered one of the photos she took of me into a contest online (without informing me before she did so).

    I never signed a release and we never talked about this. So she won this contest last month, a $1000 prize. As the model in this photo what am I entitled to? I am not looking to go to a lawyer because I dont have the money, i just wanted to know what I should do so it is fair for me (In fact it was the portrait section of the contest, therefore I assume I should get a fair share)

    Any help you guys could give me would be wonderful, you've helped me out tremendously on this forum, thank you all so much, and ask questions and ill do my best to answer them. Let the games begin!!!

  2. #2
    scootermm's Avatar
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    in my opinion, for the little that is worth, you are entitled to no money at all. she is/was the photographer and it was her vision. I know nothing about the legal means in a situation like this, but it just doesnt seem like you as the subject should get compensation.
    The model release should have been done by the photographer before entering her images.
    strange to think about though, if I take a photo of a landscape and it wins some money or the like do I ethically or morally need to give a portion of that money to the subject some how?

  3. #3

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    I am not qualified to practice law in your state but I do have a law degree and a modest idea of the law normally applicable in this sort of situation.

    You're not entitled to anything. As a matter of courtesy you'd expect a bottle or some similar present, but that's not a matter of entitlement. Why not just be happy for her? Presumably she is/was a friend and presumably you've photographed people the same way and entered competitions too. What would you give them in the same situation?

    Cheers,

    Roger

  4. #4
    david b's Avatar
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    Since you're a photographer too, what would you pay her? Would you give her half? If not, how much?

    And don't forget about Karma.

  5. #5
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    Iwould imagine that legally you are entitled to something. However there's the legal world and then there's the real world.

    Take the high road and congratulate the girl on her achievement and maybe ask for a print so that you both mark the occasion.

    Michael
    I couldn't think of anything witty to say so I left this blank.

  6. #6
    Dave Parker's Avatar
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    You might check any paperwork you received in your sign up for the photo class, often times there is a statement to the effect that you would not be entitled to anything and have granted permission to be photographed while in the class, I know our local colleges all put a clause of this nature in their paperwork for photography classes, also at the time she was taking pictures of you, you must have concented to having her do it? Really it does not sound like your entitled to much of anything..

    Dave

  7. #7
    david b's Avatar
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    Were you in class when the photo was made or was it outside of class?

  8. #8
    Dave Parker's Avatar
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    One other quick thing I will add, I am surprised that the company that held the contest did not require a model release for this catagory, most legitimate contests require this.

    Dave

  9. #9
    roteague's Avatar
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    I think you should just congratulate her, and offer to sign a model release for her. Help her celebrate her achievement, you many not get any money, but you will win respect for your actions - which is worth a whole lot more than a share of the winnings.
    Robert M. Teague
    www.visionlandscapes.com
    www.apug.org/forums/portfolios.php?u=2235

    "A man who works with his hands is a laborer; a man who works with his hands and his brain is a craftsman; a man who works with his hands and his brain and his heart is an artist" -- Louis Nizer

  10. #10
    naturephoto1's Avatar
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    Quote Originally Posted by roteague
    I think you should just congratulate her, and offer to sign a model release for her. Help her celebrate her achievement, you many not get any money, but you will win respect for your actions - which is worth a whole lot more than a share of the winnings.
    I agree with Robert on this. Though a model release should have been requested. However, as Michael has indicated, you may want to ask her for a print as well. It would be gracious of her to offer one to you.

    Rich
    Last edited by naturephoto1; 09-06-2006 at 04:47 PM. Click to view previous post history. Reason: changed comma to period
    Richard A. Nelridge
    http://www.nelridge.com

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