I have contacted the woman in question and told her very gently, but firmly the following -
- She has nothing to fear as I will not be selling prinst or placing them in a museum. But they are my negs and I get to keep them.
- The nudes aren't of vital interest to me, but I am currently interested in some of the clothed ones. I reserve the right to keep any images I want. I also reserve the right to keep any images adjacent to the image I want for the simple purposes of mechanics (A single neg will not work when I shoot 6x4.5 but the enlarger only has a 6x6 holder....Sorry, but a strip of 3 will come with me!)
- If I choose to sell to her, I would follow professional guidelines. Which means I would consider a reasonable price based on things like day-rates, number of negs, etc.
- That this would be expensive, but professional, and that I will only take payment in full, cash or as-good-as-cash only, no checks.
- I do this reluctantly because I don't see the fuss at all and she can be assured that I in no way mean to deman or harm her. And that I find this whole thing weird since prior to this she actually bragged to people about the images and showed them off.
- And of course that none of this equals a contract of any kind, this is merely exploratory, caveat emptor, quid pro quo, vin vidi vichi, carpe diem, and all that.
Official Photo.net Villain
[FONT=Comic Sans MS]DaVinci never wrote an artist's statement...[/FONT]
There are a few basic things to consider:
- What are the negatives worth to you? You've already stated that there was never any intent to exhibit or sell photos from the negatives. Standard resale value may be irrelevant in this situation.
- What is your friendship with the model worth to you? If sacrificing the negatives will restore your friendship, does that make any difference?
What are the possible solutions?
- Deny the request. You have a signed release form - all the legal backing you need. The husband has no control or rights over his wife's past actions. You did get a release signed, right?
- You could give up the negatives for free or at cost as a gesture of good will toward your friend and her new husband. You could also charge a fee for giving up your artistic creations.
- Burn the negatives with all involved parties present. That will guarentee that the photos will never be published.
- Enter into a legal contract with the model. She may physically control the negatives. If prints are made from them, you must be given recognition as the photographer. If there is a profit, you must receive a fixed percentage. Try to keep the husband's name our of the contract. He has absolutely no legal say over the negatives that I can think of (I'm not a lawyer!). If he already has control problems, the inevitable divorce may make contractual obligations difficult to deal with.
Maintain a professional attitude even if the husband's demands are unreasonable. Negative PR from hostility on your part may cause you big problems in the future. No matter what you decide, remember that you've done nothing wrong.
Good luck! Let us know what happens!
If you want to be friends with her in two years, punch a hole in each negative and hand them over. She chose her guy, and if you go against him it will tell.
If you really don't care (though it's pretty clear you do) then do whatever you want; you'll lose her friendship anyway.
I'd encourage her to get out of that relationship. He's the stereotype of a wife-beater. If he thinks he's on a righteous crusade against you the evil pornographer, imagine how he will treat her once they're married and he starts taking her for granted.
And as for giving him your work, forget it. You can't discuss or negotiate with a person like this; he's only going to keep yelling and making unreasonable demands. You can give him all negs, and he'll still keep demanding the imaginary ones you're still hiding. He'll come back later and deny you ever destroyed anything like you agreed. Instead tell him it's your work and he has no legal right to it; please don't call this number again or you will consider it harrassment, that you will obtain a restraining order; and you're not surrendering YOUR WORK to anyone no matter what without a court order. Finally, if he wants to be reasonable and discuss the destruction of all or part of your work, you'll be happy to accomodate him, if you can fit it into your busy schedule. But as soon as any ranting and raving begins, collect your stuff walk away. You absolutely can't give people like that an inch, simply because they never give up anything in return, they don't keep their end of a bargain, and you need witnesses and written agreements.
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OK, I agree that the guy is difficult, but this is taking things a bit too far.
I'd encourage her to get out of that relationship. He's the stereotype of a wife-beater.
This has been going on for awhile. So how did it pan out Robert? What did you do?