matt_flannery1

<p>Should provide the release... yes. But I don't think it would have even mattered in this case. Even knowing I have a release form, the agency is still responding to the magazine with the same terminology, stating we have no rights to the likeness, etc. They would rather just not deal with any possibility of a legal battle. I believe the outcome would have been the same even if they had it from the start.</p>

<p>The outcome...<br> I responded to the talent agency letting them know I have signed release, which clearly states I can do exactly what they are arguing, and will send it. ( it's in storage and I haven't been able to get there yet) They have not yet responded.<br> I think the agency did not respond because I then heard from the magazine, saying they think it's best to just not use the images because they don't want to get involved with any legal issues, and want to talk about me refunding them. So, the magazine must have responded to the agency telling them they won't use the images. (and they are off the site already)<br> I'd hate to give in, being that I have a signed release and believe I'm not at all in the wrong here. However, it will cost more (much more maybe!) if I need to get a lawyer, so I think this is what I'll do. I could just refund the magazine partially, but then I tarnish that relationship, so I think I'll just do the full refund and be done with it. It sounds like the magazine has not yet had promo materials printed, so there's no loss there either. <br> Well, thanks for all your suggestions, thoughts, comments. Appreciate your time, as always!</p>

<p>Thanks. I definitely will, so it may help someone else in the future. <br> Yeah, actually plenty of them have talent agencies. These are the bigger names that do workshops around the world and get involved in other things like presentations, publishing books, etc. </p>

<p>Thanks Brian. I already took your advice earlier and visited them and created a request. Just waiting to hear back from them. <br> Thanks again. </p>

<p>I'm in NYC, US. The agency is in the UK. Seems so crazy to get lawyers involved over a $700 licensing fee, but it sounds like this is what will happen. </p>

<p>True , true. Good point. I was hoping someone had experience with this and could let me know how it all ended. But, yes, you make a good point. </p>

<p>Hi All,</p> <p>Hoping you could give me some advice here. I shot a woman about a year and a half ago... just a test shoot. She's a yoga instructor. I provided her with plenty of images to use for social media, for free. No money was exchanged for our shoot. But I did get a model release form signed by her.<br> She then emailed me to ask for permission to use one of the images in her book that was in the process of being published. I granted permission for that, free of charge.<br> I was approached about 6 months ago by a yoga magazine to use two of the images for an event they are having, along with printing it on event promotion materials. So, I licensed two images out to this magazine for only $700. <br> The magazine has started using the images, on their site and printing material for it. They were then contacted by the woman's talent agency saying they did not have rights to use the images or the likeness of their client and to stop using them or face legal action, etc. The magazine emailed me asking about it and also gave the talent agency my email. So I was also contacted directly by the talent agency. <br> I have not responded yet. Here is what they wrote me, excluding specifics...<br> "It has come to our attention that you have been falsely licensing the rights to images of our client <client name> in connection with your sales of your photographs to third parties including <name of magazine event><br> Be advised that <client name> is the sole owner of the rights to her likeness and your grant to said third parties of any rights to the use of our clients’ likeness is a serious violation of our clients’ rights.<br> Demand is hereby made that you immediately cease and desist any licenses of our client’s name, likeness, or image to any third parties. The foregoing is without prejudice to our clients’ rights and remedies, including, without limitation, the right to hold you liable for all damages incurred in connection herewith, all of which shall remain reserved."<br> <br> So, like I mentioned, I do have a signed model release form, which does include my rights to use the images for commercial use, license the images, ...the usual. <br> Any suggestions on how I should respond to this? My first thought was to just reply stating that I do have a signed model release form from their client and do have rights to sell/license the images. Maybe I should include more info, or word it differently? (i plan on sending a copy of the release form as well)<br> <br> Thanks for your time and advice!</p>