caitlin_bellah Posted January 17, 2012 Share Posted January 17, 2012 <p>Hello,</p> <p>I'm not sure if this is the right section to ask this so let me know if it's not. I am a photographer and a couple years ago I did two shoots of a woman who is now a minor musical celebrity. The photos are not distasteful and were taken outside and in my apartment. Nothing was signed by either of us. She has contacted me and wants to buy the rights and no longer have the online. I love the photos but am willing to sell her the rights if you really doesn't want them up anymore. But I need advice on how much to price them for. There are probably 15 images in total. She at first offered $1500 but that just doesn't sound reasonable. Please let me know if I am wrong. Thanks!</p> Link to comment Share on other sites More sharing options...
mariosforsos Posted January 17, 2012 Share Posted January 17, 2012 <p>Normally, when we shoot any kind of celebrity commercially (for whatever reason), we usually charge either (a) based on the final use of the images or (b) a fixed price for the shoot itself. Personally, I think that if she simply wants to have the images removed from your site and NOT intending to use them in some other way (i.e album covers, promotional material, etc), then the price is reasonable. If, on the other hand, she's intending to use them in any way, then it would truly depend on EXACTLY what she wants to do with them (and therefore, their intended circulation).</p> Link to comment Share on other sites More sharing options...
caitlin_bellah Posted January 17, 2012 Author Share Posted January 17, 2012 <p>I decided to go ahead and contact a lawyer who specializes in all of this. I think it's probably better that way. I like the photos and really do not relish in the idea of having to remove them. But if I have to I just want to know all of my options. Thanks!</p> Link to comment Share on other sites More sharing options...
danmarchant Posted January 17, 2012 Share Posted January 17, 2012 <blockquote> <p>....I like the photos and really do not relish in the idea of having to remove them. But if I have to .....</p> </blockquote> <p>Why would you have to? Rhetorical question - you don't have to because you own the copyright on the images. You are free to display them and you can even sell prints. The only thing you can't do is use the images to advertise a product company or service (referred to as "commercial use"). For that you would need a signed model release form. She can't force you to sell them or take them down - if she wants them she will need to pay you an amount you are happy with.</p> Link to comment Share on other sites More sharing options...
caitlin_bellah Posted January 17, 2012 Author Share Posted January 17, 2012 <p>Really? Well that's good to know! I have an appointment with a lawyer tomorrow to figure everything out. </p> Link to comment Share on other sites More sharing options...
Matt Laur Posted January 17, 2012 Share Posted January 17, 2012 <p>You don't have to transfer copyrights to still arrive at a licensing model that precludes your displaying of the images (some flavor of an exclusive license). You can own copyrights while still surrendering the right to display the images in public. You might arrive at an arrangement whereby you're allowed to show the images in person during a portfolio presentation, but not on your web site, for example.<br /><br />This just comes down to finding the point at which her urge to control the use of the images meets up with what the loss of publicly showing the images is worth to you, in cash. Obviously there's <em>some</em> amount of money that would make you happy in that regard - it's just a question of whether that amount would make her happy, too. That's the negotiating point.</p> Link to comment Share on other sites More sharing options...
john_h.1 Posted January 17, 2012 Share Posted January 17, 2012 <p>+1 as to Matt & Dan and Marios' is a valid perspective.</p> <p> </p> Link to comment Share on other sites More sharing options...
Jerry_ Posted January 17, 2012 Share Posted January 17, 2012 <p>Your lawyer. Her lawyer. If no model release was signed, and in your file cabinet...the ball is in her court. You, owner of the copyright, can do as you wish; the woman holds the "what you can do with 'em" in her pen....meaning if you use her image to advertise your photography business -- her lawyer will be the happy one.</p> <p>Good luck!</p> <p> </p> Link to comment Share on other sites More sharing options...
keithdunlop Posted January 18, 2012 Share Posted January 18, 2012 <p>Register your copyright immediately.</p> Link to comment Share on other sites More sharing options...
leicaglow Posted January 19, 2012 Share Posted January 19, 2012 <p>It sounds like she does not want the photos "in the wild?" I think there is something, also, with the fact you don't have a model release. It's not a great position to be in. If she really wants them to "disappear", and you can arrive at a price, I would let them go for whatever you feel it is worth, and walk away from them.</p> Link to comment Share on other sites More sharing options...
denniswms Posted January 19, 2012 Share Posted January 19, 2012 <p>While I do not disagree with the legal issues / conclusions of what has been stated, I'd take the $ and walk away. Good grief it's a shot out of your online portfolio. Shoot something new. Move on. Who will want to shoot with you if doing so came back to haunt earlier clients? Bad press goes both ways.</p> <p>One of the aspects of shooting people is that their situation may change or evolve in any number of ways while I stay... me. I consider it an integrity issue to not capitalize on their evolution. Images that were no big deal to twenty year olds can be inconvenient to a 500$ an hour lawyer or a sitcom star. Or a deacon in the church. I haven't had a kid grow up to be a congressman yet.</p> <p>If the woman wants to <em>use</em> the images I agree that is a different story and I would charge her whatever your normal daily rate is (for publicity photos) for the two shoots. If she simply wants them gone before someone recognizes her bum I'd take them down immediately without comment and enjoy the offered 1500$ as an unnecessary but appreciated gift. </p> <p> </p> Link to comment Share on other sites More sharing options...
caitlin_bellah Posted January 19, 2012 Author Share Posted January 19, 2012 <p>Thanks for the opinions but I've taken care of the issue</p> Link to comment Share on other sites More sharing options...
phototransformations Posted January 24, 2012 Share Posted January 24, 2012 <p>How? Your solution might be enlightening.</p> Link to comment Share on other sites More sharing options...
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