Manuello Paganelli

"However if you sell the right to use an image to someone else who uses it for commercial purposes, then it is they that would be potentially liable in an action." No really. The subject, or the hired attorney, will go after the photographer and the client. That said, folks use the word "licensing" instead of "sell" we never sell our images unless you are giving your © to the client or doing WFH. If there is not model release then you can only use the image for editorial articles, magazines, newspapers, online news etc. Any commercial usage will need a solid model release. Even if the model's face is dark and someone can recognise it, or the model has a copy of the image then they already have the proof needed in court.

"you do not need a model release for the uses you have given." Yes and no. In this instance the model changed her mind. Even having a model release is not bullet proof. So you all must be careful how the images are use. Where the images taken during a fine arts photo class, or she is a friend who was willing to pose? She agreed with you using it for your class project and that was it. Anywhere else without her consent or model release can be an issue. Lesson learn, get a model release whenever you can. And remember even then is not bullet proof. If you really love the image talk to her again and see if she is willing to be compensate and get a model release stating how you will use her image. Nobody shoots a healthy good looking person for your book or a fashion shoot, have them sign a model release then let later have a pharmaceutical Co or hospital use it for adv/marketing saying something like, "this is Bill/Lisa 3 years ago and this is that person now (photoshop manipulated & looking as dead as an old piece of log) with terminal cancer/aids due to cigarettes/unprotected sex blah blah.." Your subject will come after you and your client since the original intention of the shoot was totally different to what is use later on. Is defamation of character and her likeness and once that image is on posters/web/brochures the talent will be getting lots of calls from family and friends unaware of how he/she is doing and wondering what is happening and how the model got cancer/Aids. So if this ever comes up the best thing is to contact the model and explain to them that a large XYZ company with deep pockets wants to use their image for an aids/cancer etc campaign where the images will be altered and they will look sick. If they agreed have them sign another release with those wordings. Also make sure to pay your model the going rate they would get from a similar photo shoot. If the photographer is been paid for it so should the hired talent. Most models are happy to get money and everybody is happy.

You sent press releases then a newspaper reporter came and took some pix and is doing an article about your show and you dont want that at all? This is fair usage for is an editorial article. Is not commercial at all. That said, the article came out and doesn't talk about you or your work at all and didnt give your photo credits? So what is the article about it? What you must do is make sure that the images the newspaper is using online have this in there: Photos by Carol Lowbeer or Photos by Carol Lowbeer © 2017 or Carol Lowbeer © 2017 If not contact the reporter right and make sure photo credit line is given. Newspapers or magazines never place a watermark on the images, instead it will be next to the photo (s) or quite obvious somewhere on the story. If is a story on you and your images then is an editorial piece and free publicity for you. Just make sure that once the exhibit is over the newspaper delete all those images from their archives. But if you want publicity and to be found then let them keep it in their archives as long photo credit is included.

Unless you know the client or a friend of yours, who knows the client, recommends you do not send cold emails or phone calls especially if you are new and trying to generate work. Like it was mentioned here get some post cards and send it as mailers. It takes a while for a client to finally find you. Most of those mailers go straight into the trash can. But every now and then somebody will like what they see and will keep it handy and when the time or a right project comes up they will contact you. But make sure that whoever you are trying to work for, your images have the style that they are using. Do some good research about each client first and see who else has been shooting for them and what they are bringing to the table. Is your work better than what you see on the client's magazines or website? Why should they hired you & take a chance on you when they have been working with great shooters already?

Who is the client the school or a 3rd party? "All of the schools I worked with last year included general photo releases in the package of information all students received at the beginning of the year" what this means is to be used internally for the school's promotion, fundraising and to reach out to the community. If your client is the school then you should be fine. Otherwise, you can't use any of those images for any client outside of the school unless you have model releases from the parents and property release from the schools. The only way you could use it is for editorial licensing and even then, since those schools are your client, out of courtesy is a good idea to share your plans with the school director/assistant etc

"What I might do is contact the Principal of the College (my Initial Client for the Awards Evening) and let him know that the Venue and the Caterer both wanted to use a few of my shots for promoting their own businesses." To save you the time you can also let the client who wants to license your image do the homework first by contacting the school. Then once all has been taken care of, and you also confirm it all with the school, send them a contract so they will sign it. Don't do a handshake and always keep a paper trail and protect you for any trip to court handshake and he/she said won't buy you a cup of coffee. A solid contract will protect you. If they are students in the classroom that will be a huge problem for you then will need a model release from each parent and also the OK of the school principal or the board members. If you are able to license the images do make sure is ONE TIME RIGHTS ONLY and for a specific usage and period of time. You never want your images to be showing in posters, web, emails, brochures for 3-10 years. Also like William wrote be aware of anything that will showcase the name of the school, logo or any other proprietary details. If that is the case most schools will not allow it for it shows as if the school is endorsing XYZ company. So it must be approved by the school otherwise if you let them use your images and in the future XYZ company is doing something murky or wrong then the school/parents will suit them and you as well. I encourage you to learn more about the photography business for your protection and also to empower yourself and be able to make more money.

Is your friend paying you the same way you have to pay a friend who is a dentist or attorney? And if you are "...a bit nervous.." then for sure let her hire a professional photographer instead so you can enjoy the wedding as a guest and let the pro do what they are trained to do. I don't do weddings but I do know is a fast pace and with lots of pressure. You must think fast, clearly and be able to click and execute on the dot. IF you are "nervous" you will be shooting and looking at the back of your camera every second while missing the right shots. There is not time for excuses during the wedding or afterwards and like you said her father doesn't have much time left. If something goes wrong you don't want to ruin your friendship at all. Is like hiring a mechanic who may fix your car properly or maybe no, but you will only know when you are on your way to LA from Tennessee. Or having an appt with a doctor who right away is telling you that he is nervous and is not sure if he will do a proper surgery at all but he will do some practice on a cadaver before he works on your body. You don't want to relied on just pot luck.

<p>Folks if you are that afraid to travel to some European places then stay at home. I have never had anything stolen from me there at all and I travel with a backpack and usually a couple Leicas on me.</p> <p>But for any expert thieves is quite easy for them to put their hands on any of your pockets as if you were sleeping specially in a crowded bus or train. One thing I started to do many years ago is to ONLY buy or wear pants that has buttons in all my back pockets or Velcro. If I love the pants so much I will buy Velcro and take it to my tailor to put it on my back pants.<br> Over two years ago I was having a photo exhibit in Russia and while riding the metro in St Petersburg someone tried to steal my wallet. They usually rob you in group and very fast. One is doing the robbing while the other ones stand on each side of you and maybe in the front and pretend to bump on you as if the train is packed and difficult to move, even when is fairly empty, but in your mind is a bit disoriented. So this man behind me kept trying to get into my back pocket.<br> I was traveling with a Russian girl who suddenly started yelling at them to stop doing that and since I dont speak any Russian, save for a few words, I didn't get it then. I thought that she was yelling at them for been rude at they entered the train and pushing me around. Then finally at the same time that she started telling me what was happening in Italian or Spanish I finally felt the hand moving behind me.<br> Now on automatic pilot, as I turned around, one hand went to my wallet which was still there while my other hand and arm went up at an angle and rotated all the way back and with my elbow gave the man a hard blow on the face. At the same time the train had just stopped and the doors were opening up so with the force of my strike he almost flew out of the train moaning and in pain while his crew ran away as well. The doors closed and the train marched on. My instinct was to ran after them but in a new city, new language, nuances and not knowing where the train had just stopped I stayed with my friend felt quite high and glad everything was still with me and that my back pants have some protection.</p> <p>And all of this happened within seconds. These gangs have it all set up and in sync as to how long it will take to reach the next stop and even how long the door stays open and closes.</p> <p>So keep in mind these things when buying pants since is ridiculous easy to get rob any where specially if you are tired, alone or jet lagged. Another tip, if possible, is to always stand with your back feeling the wall/door of the train.<br> And when walking on the streets NEVER have your camera, while on your shoulders, with the lens facing at an angle towards you rear. What many robbers are doing is push the lens released button, twist it around and by the time you notice anything at all, if you even do, they have a very expensive glass on their hands and are 100 meters away from you. <br> That said, I always feel much safer in Europe than most places in the USA and chances of getting shot or attack in Europe is rare.</p> <p> </p>

<p>@ Michelle LaVasque just noticed your post and in case you haven't traveled to Cuba yet this should help you.<br> I have been traveling to Cuba since '89 or 90' when for the most part I was the only foreigner, save for a few Spaniards, Italians or Canadians here and there, walking any where in the island.<br> To everybody I kept meeting I was the first tourist, specially someone with a couple Leicas on their shoulders, they ever saw.<br> After more than 50 trips to the island I can tell you that I have NEVER traveled there as a photojournalist. In fact when Forbes, Time or other magazines would send me on photo projects there I ALWAYS went as a tourist. You don't want to say, "hey I just arrive and I am a PJ shooting for XYZ magazine."<br> The moment you apply for a visa as a PJ it raises a bunch of red flags and thick walls of bureaucracy making it difficult to penetrate and for you to travel there. So do it the easier way and go as a normal tourist. Cuba is much easier to travel now with the flux of so many tourist from all over the world and specially USA and many carrying a few cameras.<br> Back in those early years it didnt matter if I mentioned to Cuban customs that I was a tourist since the same old questions would come up, "why all the cameras and lenses.. why 200 rolls of film.. what is this piece of metal with 3 legs and why did you bring it." My answer was always the same, "I love photography, love to travel and discovering other beautiful cultures." Then after my 5 trip there my face was known to them. Today one thing is the same and that is the freedom to photograph just about any where and that includes cops. There was never any restriction placed on me at all and, like in the USA or any other nations, stay away from pointing your lens to any military based and the obvious NO PHOTOS ALLOWED places.</p> <p>"I'm currently trying to plan a trip to photograph this beautiful country before it becomes too commercialized" Allow me to chuckle a bit... the reality is that is already commercialized and will get much worse. The time to have gone there when you could had taken photos any where and most streets, stores and food markets were empty due to the Periodo Especial came and went long ago. <br> By all means the island, which is perhaps the safest place I have ever been too, is a wonderful country to travel to and explore the many pockets that are still virgin. Anybody who lands there now for the first will still see the aura of the 50's. The people are very friendly, colorful and happy to meet North Americans and share an engaging conversation over a cup of coffee at their homes. But on the perspective of capturing the innocence of the island, its people and all the great moments I was fortunate to capture, until 1998 before other photographers started traveling there, is gone.</p> <p>If you have any more questions feel free to ask me via email. Across the years, and with the updates due to all the fast changes, I have created a list of things to know before you travel to Cuba. If you wish, or anybody planning on traveling there, I could send it to you too.<br> Here is my link to some of my B&W doc on Cuba across the years: <br> http://www.manuellopaganelli.com/Cuba/1/caption</p> <div></div>

<p>Samier you got plenty of advices in here so the tough lesson learned is "A Photo Used Is A Photo Pay For" and if you want to swim with the big fish then ask questions before you do any future photo business. That is why you don't walk into a restaurant and ask for a free meal and expect the owner/chef to give it to you for free or they will laugh at you. In this case the magazine laughed right on your face with a total lack of respect thinking "what a fool he gave us a best image for free."<br />I don't know how large the image was use but for a small 1/4 size page you should had been paid at least 350€ or plenty more if your photo was display 1/2, 3/4 or full page etc<br />Remember they came to you for they found the PERFECT image to compliment their article. If they had hired a photographer to do the same image, and most of the time you can't duplicate a moment for many obvious reasons, the magazine would had probably paid 900€ or even more. <br />As a magazine photographer or when I do consultation I always tell other photographers to have a written contract making clear all the licensing rights/usages that has been agree by photographer/client after a fees had been negotiated. And with a signed contract the photographer will have validation and protection for all is out in the open. So from now on ALWAYS use a contract and have a paper trail. <br />In a way your mistake and your lack of knowledge of doing photo biz, if you haven't resolve your situation yet, could now help you too.<br />Right away contact the magazine and send an email to the person who approached you first and cc the editor of the magazine and let them know that they violated what was agree upon. And that the permission of any reproduction rights to your photo was based on getting a photo credit on their magazine. <br />And since credit line wasn't given as you're told, you will now bill them 800€. Also they must make up their error by giving you, during their next issue, the credit correction with their next issue. When a photo credit is missing you are also missing out of having your image been seen by PLENTY of potential clients. All the best! More2Come! Pag<br>