Model Release Form

Three years ago I photographed a model for a community college class assignment. In the pictures, she is partially nude, but nothing is showing.

 

She didn't sign a model release form, but she did agree to be photographed. In fact, she asked me if it was possible for me to use her as the model.

 

Now she is asking me to remove them from 'Bahance' and my personal Instagram to showcase my work because she claims they are hurting her personal life.

 

Does she have any right to request that of me?

Laws regarding model releases vary by state. In general, you do not need a model release for the uses you have given. However, because there is implied nudity, it does run up against laws in some states, in which case it could be a legal issue.

 

However, regardless of that, why don't you want to take them down? If they upset her, and you didn't pay and didn't get a release, what's the point if keeping them posted?

Sure she can request it.

Personally, I would take them down. Be cool, good karma, create no ill will. You got your grade in community college.

Surely after 3 years you should have newer material for a portfolio and these shots are not going to make or break your success as a photographer.You could still keep the photos in a photo book to show to clients and not having the shots online possibly causing grief in her personal life. Sometimes it is more about being a good person and doing the right thing than what you legally have to do. Just my opinion. What you choose reflects more on your character.

If she's asking you to take them down and you don't have a release, there's really no debate -- take them down. There are situations where you don't need a release but this isn't one of them. When doing a formal photo shoot with a model, always get a signed release and keep it on file. If you had so in this case you would be free to keep the photos up despite her request.

"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.

"In this instance the model changed her mind"

 

If the type of use requires consent, the model can revoke the consent unless there was a contract for perpetual use (or at least a contract that doesn't mention a termination date) The contract usually comes in the form of a model release or has release language in a broader contract. Some releases don't contain the elements of a contract and are revocable. Here, the model changed her mind and provided notice of it. If consent is needed for this particular use, it no longer exists.

She has absolutely every right to request it of you. But here's how I'd ask the question if I were in your shoes, and I've been there so I'm not just guessing. Rather than asking about her rights, I'd ask what my own sense of decency was telling me to do.

 

Something very important to consider is that consenting to be photographed in class is NOT consenting to those photos being shown on the Internet. And even if she had consented to them being shown and has now changed her mind, there are only a very few circumstances in which I wouldn't accede to her wishes.