I just have a quick question for any lawyers out there. My girlfriend is starting out as an import model and a couple years ago she posed for a photographer. Since then they had a big argument and she was wondering if she can legally tell him to never use the pictures of her for his portfolio. More specifically, does he have all of the rights to those pictures and can he do whatever he wants with them? Thank you in advance.

 

I'm not a lawyer but I can tell you that you'll need to post more information such as the terms of the contract she signed before anyone can advise you. In reality you should probably have her contract reviewed by a lawyer if you want definitive answers.

 

I don't think there ever was a contract. The photographer was her friend so they did the shoot for fun.

 

There are two types of contracts express or implied. Express is either written or oral, implied is actions of the parties involved; you have a lawsuit only if the photographer is legitimately in business, if not you might have a problem.

 

Even if the photographer is legit there could be problems because whatever their discussion was before/after the picture taking is their oral contract. There had to be SOME discussion about the pictures and that is what would be relevant if it got to court. If this is important to your and/or your GF you really need to consult an attorney.

 

It is wise to execute a written contract when exchanging services and for "compensation" an executory contract doesn't necessarily have to be in writing. Like I mentioned implication is a bilateral form of agency law and as mentioned if this guy is a legitimate business you can go after him, because services were exchanged. You'll need to consult an attorney then again it's always cheaper to settle out of court.

 

Believe me this photographer better pay up, you can really twist agency law, he breached his duty. Very serious, this isn't major until you decide to screw him over, and you can. My contracts are always in writing, I've encountered certain people who choose to not conform with their contractual obligations, this situation is relevant as I explained your contract has been executed by implication and as long you have proof services were exchanged you're cool. Do you have pics of the shoot, not for s2ki, just for legal recourse.

 

Thanks for all the replies. This isn't something so major that she would want to go to court. She just doesn't want him to use her pics without getting her permission first. As long as its illegal for him to use her pics however he wants, but has to get her permission first, she'd be ok with that.

 

[QUOTE]Originally posted by dpark
She just doesn't want him to use her pics without getting her permission first.

 

show us some of ur gf's pics so that we can give better advice!

pic
pic
pic!