Please Help!

[Silvernic]

Any advice would be greatly appreciated. I have a friend who just called me because she had another photographer create a calendar for her that she intends to give to her fiance. The photo's are all suggestive, but no actual nudes.

The problem that she has is that when she went to pick up the calendar, there were many copies laying around the studio as "promotional materials." She is very uncomfortable with this, but the photographer tells her that it's his right to display the images as he sees fit.

She did not sign anything. Does she have any recourse? Any comments or suggestions would be very appreciated.

Thanks, Nic

[texkam]

She did not sign anything

Unfortunately, sounds like lesson learned IMHO.

[Tom]

Unless she signed something stating otherwise, the Photographer has the copyright of those images and can display them however he wants. He cannot use them for ads unless he gets a model release, but he can use them in his lab, studio or portfolio.

[carrbowl]

Of course she could always sit down and talk with him. Offer to pay whatever he he is out...never know...the photographer might be understanding, they may make a long and profitable business relationship out of it...IF they talk..

[HotHolly]

Originally Posted by Thomas Campbell

Unless she signed something stating otherwise, the Photographer has the copyright of those images and can display them however he wants. He cannot use them for ads unless he gets a model release, but he can use them in his lab, studio or portfolio.

ditto.

and money talks. if she wants the stuff removed, offer to buy it all and then sign something stating that.

I have one of these session tonight. Most brides we shoot feel the same way. We specifically tell them where their stuff will appear, if anywhere.

[park]

It seems to me that such promotional materials could easily be considered advertising by a judge. I would not have printed such materials without a model release and approval from the client. If I was the client I would be finding a friendly lawyer to send a cease and desist letter.

This was a really stupid move by the photographer IMO. Great way of really alienating a client.

[J Eddington]

I was told by a lawyer that to use in photos in my studio or portfolio WAS advertising. I was promoting my work. BUT some believe that self promotion is not advertising. So you may get a mixed review. I as a photographer would not risk that. BUT she is in a sticky area as she doesn't have anything in writing and maybe she misunderstood the photographer. Was this a **or did she pay the photographer. If it were a regular paid session she may have signed something and not have understood what she was signing. Most have a clause that says we can use them for promotional materials.

[kimberley]

did she sign a model release?