We used your photo, now sign this!

 
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Jack English
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Joined: 24 May 2009
Posts: 62
Location: San Diego, California

PostPosted: Mon Jun 15, 2009 10:40 pm    Post subject: We used your photo, now sign this! Reply with quote

I photographed a girl years ago in a swimsuit. Wasn't a paparazi type photo, she was posing hoping the company would be interested in the shot. Company "A" was interested in the image and they used it and had the model sign a release.
(if I remember right I had her sign a model release for me in return of a $100 in prints)

I never signed anything, they used it, and paid me. Now today 8 years later, "COMPANY A" have used the photo again and I called it on them. They just emailed me this and said I need to sign it. I told them I will overlook it and get back to you.

THERE RELEASE:

Name: Address: Phone/Email: Photograph, Film, Video or Images (“Images”): Are you the photographer of the Images? Circle one: YES NO Are you the person or one of the persons in the Images? Circle one: YES NO
This Archive Photograph Release Agreement is between the individual identified above (“You”) and "COMPANY A",. You hereby irrevocably grant to "COMPANY A" and its successors, assigns, affiliates, parent, agents and licensees, the worldwide and unrestricted right and license to use, copy, modify, display, perform, distribute and publish the Images identified above, in whole or in part, severally or in conjunction with other images, text, graphics and other media, in any print, electronic, or other media format now or hereinafter known in connection with the promotion of the anniversar of "COMPANY A".

Based on your answers above as to whether You are the photographer or person in the Images, You hereby verify You are, as appropriate, (i) the sole photographer of the Images and have the exclusive right to grant "COMPANY A" the license and release herein or (ii) one of the persons in the Images and you have the exclusive right to grant "COMPANY A" the license and release herein solely as it relates to You. You agree that you have no right to any consideration or accounting and that You will make no claims for compensation for any reason against "COMPANY A" or any other party.

You agree that this Release Agreement shall be governed by State of California law without regard to its conflicts of law and that any dispute that arises under this Release Agreement will be resolved by the appropriate federal or state courts located in California, USA.

You represent and warrant that You are at least 18 years of age and have the full legal capacity to execute this release. If You are under 18 years of age, then your legal guardian or parent has executed this Agreement on your behalf.


By: __________________________________
Your Signature or
Your Legal Guardian’s Signature

______________________________________
(Date)
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tcphoto
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Joined: 10 May 2006
Posts: 51
Location: Atlanta, Ga

PostPosted: Tue Jun 16, 2009 1:19 am    Post subject: Reply with quote

That document, along with the original image with signed models release and an Intellectual Property Attorney and you have a settlement well worth the effort. BTW, does Company A seriously believe that anyone would actually sign their release?
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Gordon Moat
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Joined: 24 Aug 2008
Posts: 259
Location: San Diego & Houston

PostPosted: Thu Jun 18, 2009 3:45 am    Post subject: Reply with quote

I think an attorney would like the fat commission from that mistake by Company A. Quite likely they will fire someone over it too.
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James Cook
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Joined: 21 Nov 2008
Posts: 85
Location: Saugatuck

PostPosted: Thu Jun 18, 2009 12:50 pm    Post subject: Reply with quote

Since they've already used the image, they're hardly in a position to dictate terms to you.

I'd be inclined to start by providing them with my price for the usage plus a modest penalty for using it before getting permission. I'd also include MY terms for the usage, and not accept theirs.

They can then make it easy for you both and pay the usage fee under your terms.

If they balk, you let them know it's going to your attorney and wait a couple of days but not much longer.

At that point, by all means find yourself a good lawyer and go for it. You do have some paperwork to aid you but if the copyright to the image was registered you have a huge advantage and a much greater chance for a good financial settlement.
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