Monday, March 3, 2008

Photographic Likeness, a caution to Photographers

A subject I hadn't thought about in sometime was suddenly brought to my attention when a recent post of mine, "A Model's Rights", drew the attention of a young woman with a problem and a question approached me about her situation.

It is easy for a photographer to forget about the effect that their images have on people's lives; including those of whom we photograph. More often than not, it never becomes an issue, but every so often one is presented with a unique situation.

First, the story - as is posted for models in my blog "Modeling: The Real Life":

This young woman, for simplicity I'll call her Chris (no, it's not her real name - respecting her privacy I will not be giving links or information that can compromise her), several years ago signed up as a nude model for a photography workshop. She, admittedly, wasn't really that interested, but followed the wishes of a man who was in her life at that time. As the story goes, not long after the relationship fell apart, she didn't pursue modeling at all, and the photos from that workshop came back to haunt her later on.

These nude photos of Chris began showing up on the internet, and while they aren't pornographic by any means, actually quite the opposite - they are very tastefully done, the mere presence of these photos on the internet began affecting her daily life. They have destroyed a number of great relationships, including some of those with her family, and who knows what else!

When Chris approached the photographer(s) who posted these images, she was met with hostility.

So how does a photographer protect the model without compromising himself?

First, make sure everything is spelled out to a T in the model release, and provide the model with a copyright release.

If the model would like, allow the use of an alias. This is helpful if used online because it won't come up in searches related to their name.

If the model does not wish the images to be used on the internet, respect that by stipulating how they CAN be used in the Model Release.

Make sure you do get a model release or you don't have the legal precedent to use their images.

And if a model approaches you with a situation similar to this, it works best if you approach the situation with an open mind and try to work it out for the both of you. Getting arrogant or cocky can only damage your reputation.

The model release & copyright agreement is there for your protection as well as the photographer's. Make sure to take advantage of them!