GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Webmaster SCREWED me royally..do I have recourse??

UnseenWorld · 08-15-2002, 11:11 AM

I, too, question how "for real" you are, because your question is also a bit of a spam. At least when I spam, I make no bones about it. Anyway, I don't think anyone asked for the details of your release and any agreement you might have had, if any with the photographer, and if any third party overheard anything which supports your interpretation of the events.

As a photographer who runs into models who don't understand how things work, even after explaining in detail, it wouldn't surprise me if this turned out to be a case of you thinking you understood, but didn't. I'm talking about the ownership of the photos and the financial part of the deal.

BTW, do you have the right to use the photos on your site? Check your release. It may be that the photographer owns them. Even if so, there may be a way out, but it will require an attorney. I'm not an attorney, but as someone who is explained to me, while a release is a rather one-sided document...more a pledge on the part of the model than a contract between two people...the courts will take more literally a release in which the model received what the law calls "consideration" (money, prints, whatever...but especially money). If you have received nothing from the photographer, it should be a cakewalk to have the release set aside. This is why some attorneys tell photographers, even working in a TFP (time/trade for prints) situation to give the model a $1 or $10 check.

If you don't have the right to use the photos, I suggest you take your site down immediately and see an attorney to see if you can get some control over the shots.

08-15-2002, 11:11 AM
UnseenWorld Confirmed User Join Date: May 2001 Location: Portland, OR, USA Posts: 5,279	I, too, question how "for real" you are, because your question is also a bit of a spam. At least when I spam, I make no bones about it. Anyway, I don't think anyone asked for the details of your release and any agreement you might have had, if any with the photographer, and if any third party overheard anything which supports your interpretation of the events. As a photographer who runs into models who don't understand how things work, even after explaining in detail, it wouldn't surprise me if this turned out to be a case of you thinking you understood, but didn't. I'm talking about the ownership of the photos and the financial part of the deal. BTW, do you have the right to use the photos on your site? Check your release. It may be that the photographer owns them. Even if so, there may be a way out, but it will require an attorney. I'm not an attorney, but as someone who is explained to me, while a release is a rather one-sided document...more a pledge on the part of the model than a contract between two people...the courts will take more literally a release in which the model received what the law calls "consideration" (money, prints, whatever...but especially money). If you have received nothing from the photographer, it should be a cakewalk to have the release set aside. This is why some attorneys tell photographers, even working in a TFP (time/trade for prints) situation to give the model a $1 or $10 check. If you don't have the right to use the photos, I suggest you take your site down immediately and see an attorney to see if you can get some control over the shots. __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.