Legal advice regarding model release / contract
 

What do you do if a model who signed a release allowing you to use her images and videos and who was paid for the shoot, 6 months later has a lawyer contact you about the removal of her website / content? This is what is happening with Martha aka Tiffany Alexis. My answer was that if she wants the content removed she can pay us back the fee she was paid. Apparently that is no good and the lawyer is not agreeing to it. I realize legally they have no case because she signed the proper forms. However I want to know what you guys would do in this case as I'm sure you have dealt with it on occasion. Do I need to get my own lawyer? Or is the model release sufficient enough? Thanks!

Don't piss around. Get a lawyer, show them the forms she signed. Show them the letters you received from her lawyer.

That is exactly what they are hoping you will NOT do. They want you to be a coward and pull the images out of the "goodness of your heart."

Fuck the bitch.

If you are 100% confident that your release is good, then I would actually not hire an attorney yet. Fax a copy of the release forms to her lawyer. Then wait to see if the lawyer still pursues this case. If all your documents are in order, then most likely the lawyer will tell the client to drop the issue.

But if they still file a suit against you even after you have faxed them the release documents, then hire a lawyer at the point.

sounds like a job for http://Berra.org Paul Berra

" My answer was that if she wants the content removed she can pay us back the fee she was paid."

You should have a lawyer if that is your only answer :2 cents:


.

If you have a legal and valid model release then you have nothing to worry about. Does she have a copy of the release? Was there a witness when she signed it? Models can and often do tell lies when it comes to releases, she can claim anything she wants, that her signature was forged, that she was under the influence of alcohol/drugs.

I'd send her attorney the signed release. Not much you can do other than defend yourself and the release if she carried through with a lawsuit. She'd have to prove her case and that would be very difficult if she really did sign a release.

ACTUALLY, i beg to differ. It's not so much the release, but the 2257's that can bite you in the ass too. I learned recently that not long ago 2257 changes require you (site owner) to have a valid 2257 release etc for each and every shoot you do that is on the site...if not, it isn't compliant and some hosting companies/processors will treat it as such and therefore it can and will be removed. So keep that angle in mind as well...not just the actual releases. Just an additional thought since we recently dealt with this on another matter.

You own the photos lock, stock, and barrel, and nothing can change that. You own the photos, you paid her for the photos, and you have a release. Period.

You guys should hit me up some time. I've been trying to contact you.

I wonder if she will do the same thing with the pinkvelvetpass site. :(

What are the grounds she is suing you on? That is a good place to start!

Take the money and go on with your life. Yes you have a signed a release but she wants it off and she will tell every boyfriend about you for years to come.

Don't fuck with it, People die every day for a lot less.:2 cents:

I wish every girl I ever shot would pay me to remove there photos:winkwink:

Seems like you made a perfectly reasonable offer that she could buy the photos back for the fee that she was paid for them, and the "lawyer" (who in many cases like this is actually the new bf, and often not even a real lawyer) refused to even negotiate, so if your paperwork is in order then what I would do is hang tight.

She/they will have to spend money to take you to court and even then there is no guarantee that they will be successful.

Also remember that the money you paid her for those pics was just the start. How about for you and the photographers time. How about the assistant that helped with the lights. Also hair and make-up girls is she going to pay for that as well. Don't forget about the photoshop employees that took those stretch marks off her fat ass along with making that butt a little thinner with the liquify mode. Then there was loading it on your server and finding out that she didn't get that many clicks anyway.
Your letting her off to easy......Fuck her.
If she would have came to me and talked about it I probably would have done it for free but starting with her lawyer bit earns no respect in my book and gets nothing from me but a finger, I think you know which one.

But 2257 requirements are between the content producer and the government. The female talent has no standing as to whether or not the 2257 requirements are valid. The female talent can't initiate a lawsuit on grounds that 2257 requirements were not satisfied. She has no standing on that issue. The most she could do would be to alert law enforcement. It would be up to law enforcement to decide whether or not to bring a suit.

The situation here is between the content producer and the female talent. The issue the female talent can initiate is the validity of the release documents.

I wouldn't have replied at all. If she REALLY wants to sue you then make her sue you.

First thing I would have done(and have done) is check out the attorney. If it's some real estate attorney or consumer rights attorney, then I wouldn't even sweat it. Good attorneys are hard to find but attorneys in general are a dime a dozen. For $100 I can get an attorney to send just about anyone a letter saying just about anything I want it to say.

But it appears you have already replied to them. I think it was smart to offer her the opportunity to buy the rights to her content. I do not think it's smart to take it down for nothing even if you're OK with that. IMO, it conveys the notion that you've done something wrong so you're going to take her content down for no good reason which then leaves you open to liability later if she ends up "publicly embarrassed." Yet, you haven't done anything wrong.

If she REALLY wants to take it to court, you'll most likely lose no matter how air-tight your contract. Li'l 19 year old hottie, crying to the judge about how her life is ruined. Gonna be tough to win that case. However, I just don't see her pushing it that far. She'd have to file a case and it would be public record for all to see for eternity.

Anyway, bottom-line, I'd ignore it. I'll bet you'll get one more email saying something like "OK, this is your last warning, you better reply before we file a case." Ignore that too and I'll bet you never hear from them again.

:2 cents:

I've had two girls approach me about removing their content since I started shooting. One emailed me directly, respectfully told me her story and made me a reasonable offer to remove her content. That content is down and will be for forever. Second girl had a Wills & Trusts attorney send me a formal nasty-gram on company letterhead with blatant lies in it. That got ignored and she's the main image on my tour to this day.

Disclaimer: I am neither an attorney nor have I ever played one on TV. Just my real-world experience.

P.S. This thread is worthless without pics of Ms. Alexis with a big mouthful of penis

Knock, Knock,
Who's there?
Boyfriend with a baseball bat
It must be for you!

I thought the exact same thing until I thought about it a little harder. The point is using 2257 laws and contacting the host, the host can kill the pictures and refuse to allow them to be used, claiming they aren't 2257 compliant. That's a bit out there though.

We would need to know more of the facts before anyone can really say more -- was she an amateur and not a pro....was it one scene she did for you or was it her 100th scene or did she have a website with you... ect... But based on her being an amateur model with few scenes under her belt...

If its a hardcore scene and your scene was shot in the US but not in California and/or New Hampshire and I was her attorney I would challenge the validity of the model release. At the heart of the release is a contract for sex on camera for money which puts it dangerously close to prostitution/solicitation. Remember you will be seen by a judge as a pornographer and her a innocent model.

The model release may be determined to be void ab initio. She can then come after your profits because it is as though you never had a release to begin with and she will have a valid Right to Publicity claim. In California, the Right to Publicity code section (Cal. Civil Code 3344) allows her to get profits and attorneys fees.

Get a lawyer or take down the content. To litigate this issue be prepared to spend more than $50,000. Is her scene worth that ?

If she's not going to buy out your valid contract at a very reasonable price, she's also not going
to spend $10,000 on a lawsuit that she's likely to lose. That sums up the legal situation to me.
Sure, if she DID sue she MIGHT win, but if she can't afford to return the couple hundred bucks
you probably paid her, there's not going to be any law suit.

I think offering to take them down if she returns the money you paid her for the shoot is more
than fair, so that takes care of the fairness side of thing, IMO.

Thank you guys for the great feedback. To answer some questions, the content appears on Alexis-angel.com and is nowhere near hardcore. All softcore modeling stuff. Further the girl is a 27 year old woman not a 19 year old girl. She did other photoshoots as well including FTv girls. To be honest the only reason I even worked with her was because I felt bad for her! She really wanted to do a site and thought she would earn alot of money by doing it. During our first few conversations she told me she was 21 and sent me a bunch of photoshopped pics which she looked great in. When she finally arrived after a long trip I realized this was not the girl she said she was. But I gave her a chance anyway. She was paid the bonus fee for initial galleries needed to launch then she would receive 50%. Her site didnt make much and she wasn't happy. So she went to work with nikkis playmates. Nikki had the same outcome!!! Now the girl is coming after both us and Nikki! And p.s. She is a stripper!

The guy who initially called both Nikki and us, claimed he was her attorney. His name was Alan sklar. You can google his name I believe from creative media. When you google him he is a private investigator. Nowhere does it say attorney. After declining his request to remove the content unless it is paid for, I do realize my services are worth more than the 3k I requested but I know she wouldn't even have more money to pay..... The girl is broke, the guy emails back a note from "his attorney". The note says to sum up, some bs about the release not being valid, and also that Martha is entitled to damages because her content is being pirated and other people are making money from her images. Claiming we are liable for those damages! They go on to say that Martha wasn't paid properly so the way they can figure how much she should have been paid is by comparing to other models in the industry to see whatthey make and get a sum from that!!! Lol!! I can get the attorney's name I don't have it on me at the moment but I looked him up as well and he is some kind of small business lawyer. Nothing related to entertainment or Internet. So that's where we are now. I haven't replied back to his last response. I am thinking about having a statement from a lawyer written up as wwell. Anyone care to write back a response to them? :)

Been there done that, all common things the models try.
Most of the time it is a bluff, and if you have everything in order you should be fine.
I was hit with a 750K suit, the model lied every twist and turn of the way. In the end, the lawyer who thought he would get rich, decided after almost 2 years, it wasn't worth it. Cost me around 8K. If you want to chat about it, contact me.

Sounds like they 2 guys are wash outs from the strip club trying to look good in front of a stripper....:1orglaugh:1orglaugh

I would get an attorney, show them all your paperwork and the bogus letters you received from them, then have your attorney respond. :2 cents:

isn't that what americans have handguns for? shoot the bastards and then call the cops...don't be intimidated by scumbags.

Interesting comments ...

Don't fuck around get a lawyer and don't ask for real legal advice here, any advice other than "get a lawyer" or a lawyer referral is bad advice and you shouldn't take from anyone on this board.

So no model release is ever valid then? What's the point in having them then? You know, Madonna couldn't get her shit removed why would some random model be able to?

If you were my attorney I'd want you to fight FOR the release - in my favor but it sounds like you'd just fold. Nice.

I thought so too!!! I am pretty sure they met in the strip club and she may have done the guy a favor :). At first he thought it would be easy. His first phone call consisted of "pay very close attention to what I'm about to tell you". "my client wants to have the site removed" to which I say on what grounds to which he responds "false business practices". After speaking for a while he says you don't want to fight me in court "I have deep pockets my friend". From that alone you can deduce he and Martha have a relationship. I know it's not her husband because her husband is a brain dead meat head. This guy sounded intelligent.

I agree with what some of you other guys said which is that if she came to me nicely and requested the removal it would be different. But some bs like this is just disrespectful and shady. Especially since we were helping her out!

On another note, "DO NOT" say anything else to this idiot calling you. And if you do, I am sure your attorney would want you to pass along his contact info and that is it.

I am sure once you give these idiots your attorneys' name they will rethink their stance on the situation.

Yes in fact, he could have asked the lawyer for studio fees, production fees, etc etc not just what he/she paid the model.

I would completely ignore them until you recieve court papers that you are being sued.

There's been a few people that have said thy were going to sue me (all just local people) over stupid stuff like cars (for instance, I sold my old car, someone was interested in it but woudln't give me deposit, so i sold it to someone else and he claimed we had verbal agreement to buy the car from me). Nothing ever came of any of it... I say just ignore it until you are served papers, then worry about it. You made your offer, which was more then reasonable. If they don't want to reimburse you for your losses, a court case for this is going to cost LOADS more and they won't go through with it. I'd look in to if you could turn it around on them with some kind of extortion charges (but that depends on the country).

Ann-Angelcom
I am not a lawyer, but I have dealt with entertainment law. Pornlaw is right that a lot depends on the details of the release AND the work contract. My own legal lawyer has often mentioned that a release is not valid if the work contract is broken, meaning if they did not pay or underpaid or did not honor the agreement of the work contract.

If you feel you are 100% in the clear then I simply fax them a copy of her release and tell them to have a nice day. Don't offer to sell them the rights, that is opening doors you may not be able to close and don't let them try and shake you down for money. Just inform them that in a civil society we use the courts to resolve disputes and that is the place to take up the issue.

Best of luck.

The most correct answer is from whomever said "consult an attorney". But barring your excitement to pay an attorney who will bombard you with worse case scenarios and a ton of "it depends", I'd just keep your mouth shut and say nothing. 100% "cone of silence". IMHO, anyone, attorney or not, who delivers the line "I have deep pockets my friend", has shallow pockets and isn't very smart.

Good luck with it. I'm interested in hearing how it all plays out.

Its not about folding. Its about how much do you want to pay. I would give you the same advice. If you said I that you didnt agree, I could argue both sides of the issue but one is going to cost you $50,000+ in fees no matter the result and the other costs you $3k and the issue is resolved.

I tend to be an attorney that looks at my client's bottom line and costs first. It usually doesnt make sense to get emotional about money. And this is what litigation is all about. Better to make smart business decisions then emotional money decisions.

But if everyone mad smart business decisions and could resolve issues without threats of litigation I would be unemployed.

I don't think anyone wants to play knife, bat, shotgun with me (like rock, paper, scissors but louder)... but, then again, I don't always have my shotgun ... or if you do, they can always come from behind .. It's just generally best to not think you're billy bad ass, not make unnecessary trouble, and handle any attack as best as you're able.

Personally.. Being no kind of a legal expert.. I'd make them put their cards on the table, and keep mine face down.

That means you don't say anything that isn't a question.

That means you nail them down to exactly what course of action they're threatening/planning to take, and what it's based on.

Nail them down. Nail, nail, nail. Who are you, what do you do, what is your relationship with this client, are you on retainer, etc etc etc - you being a private citizen, you may ask ANY question you like - even though they don't have to answer it. Just keep drilling them for information about themselves, their career and especially about the case.

Then you can research it on your own or through counsel and determine whether or not there is any merit to what they're claiming.

You've done an excellent job of "sizing these idiots up", thus far, in my opinion.

lawyer talk..
put the fear in law abiding business owners.
and mind you not, lawyers want to be paid up front, they call it a "retainer".

since you have already offered to take down the content for return of model fees, i would stick to that but not answer anymore emails or contact them back, just ignore them.

I wonder why she wants it taken down? her content is apparently on other sites as well and she is a stripper.
if i am not mistaken, the only reason she wants it taken down is because she doesnt feel compensated properly. guessing its a typical stripper attitude.. i mean they get $40 for a 2 min lapdance, think its called hookers greed...

plus your fee. do you work for free? and interest on the money she was paid.

might want to make sure she actually has a lawyer and not just some dude who did some research online. i've found most people who threaten legal action are full of shit.

A real attorney will generally send a demand letter on his letterhead ...

As Michael points out, a contract for an illegal purpose is not valid. Only California and New Hampshire recognize pornographic production as legal.