A&P Legal issue behind this situation?

Discussion in 'Lifestyle' started by Ariez, Jan 3, 2009.

  1. Ariez

    Ariez OT Supporter

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    So my close friend recently got married, and the couple is pretty well off (The couple income is around 400 grand a year). She spent god knows what on her themed wedding (All Pink). She also hired this photographer to take picutres of the wedding. Here lies the problem:

    We all know the photographer have the right to his own work. He gets to keep the RAW files, and my friend gets the prints. Its his right photos. We all get that. BUT he recently use my friend in a billboard to advertise his own business. Her face is pretty much plastered on his business cards, ads in newspaper, and even a billboard. She do not want her face to be an advertisement for his business; not that she think he did an awful job, she just dont want those personal pictures to be made public like that. She also recently spoken to her photographer and he basically explained to her that he own the rights to those pictures, and that he can do whatever he wants with them.

    Is it worth it to hire a lawyer and fight this out? Does my friend have a point? Or is the photogpraher 100% in the right on this one?
     
  2. houseofgrafix

    houseofgrafix PM ME I DONT GIVE A FUCK OT Supporter

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    I would like the hear the answer
     
  3. Hyperite

    Hyperite Vagina Junction OT Supporter

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    depends on the wording of the contract, but if I had to guess, he's in the clear.

    but that's pretty baller to get a billboard :coold:
     
  4. aCab

    aCab New Member

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    .

    There is probably a clause in the contract saying that he can use the pictures to promote his business - she probably took it as using them on his website in his portfolio.
     
  5. alexromo

    alexromo New Member

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    she never signed a model release form
     
  6. Spurious

    Spurious New Member

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    A photographer who can afford a bilboard can also afford a lawyer that can write him a contract so he can use his work to promote himself. You could dig up Johnny Cochran and still probably lose this one.
     
  7. asdfbunk

    asdfbunk A Member OT Supporter

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    What does she do for a living? Sue him for slander! :mamoru:
     
  8. GPkustoms

    GPkustoms OT Supporter

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    probably in the contract, but he would have just said that when she asked.........i don't imagine he would do something like that with out having his ducks in a row
     
  9. quid

    quid I Piss Excellence OT Supporter

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    pretty sure the only way she'd have a chance is if she is some kind of celebrity.
     
  10. alexromo

    alexromo New Member

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    pictures of said billboard
     
  11. Jcolman

    Jcolman OT Supporter

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    I have a clause in my contracts that allows me to use the images however I please.
     
  12. someonenew

    someonenew He's Dangerous

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    a wedding contract with the correct clause is just as good if not better than any model release form.

    All he has to do is state in his contract that he can use any and all images take on that day in promotion of his business and bam, she's on a billboard
     
  13. Girth

    Girth ¯\_(ツ)_/¯ OT Supporter

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    same here...

     
  14. Toyman321

    Toyman321 New Member

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    When I got married the same clause was in my contract, I lined it out and our photog accepted the new terms. This is why you read the contract before you sign it.
     
  15. asdfbunk

    asdfbunk A Member OT Supporter

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    Would you guys go as far as to plaster her on billboards and the like without informing her though? I mean, sure your work is probably important, isn't your reputation just as important?
     
  16. turbodude

    turbodude Just a photographer OT Supporter

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    as a courtesy *I* would have. but thats me and im a nice guy, but... business is business, if he is making enough money to have a billboard as part of his marketing i dont think he is hurting in clients. *Most* people would feel honored, however some people would feel they are entitled to get money for the use of their image.

    Is your friends end game trying to get monetary compensation for using the image? Because if so they are going to lose and lose badly. I assume this photog has the contract agreement outlining the use of images for advertising purposes
     
  17. Pants

    Pants New Member

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    Agreed. While it is probably legal, I don't think that it was ethical for the photographer to put her on a billboard without informing her.
     
  18. FusionZ06

    FusionZ06 /\__/\__/\__0>

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    He probably has a clause in the contract and knows he is in the clear.

    She can hire an attorney but it won't do her any good. Contracts that are freely entered into and mutually agreed to by both parties carry full weight and affect. The court will not get involved.
     
  19. Girth

    Girth ¯\_(ツ)_/¯ OT Supporter

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    I doubt I would w/ out calling the bride and letting her know I was doing it. What bride wouldn't want her pics plastered around town, but I can see the wedding pics being personal... so the need to tell them would come first for me. I doubt I'll ever do something like a billboard, but who knows, maybe. :dunno:
     
  20. giz

    giz Active Member

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    I don't believe Right of Publicity only applies to "celebrities." If her image is being used soley for commercial gains, she probably has a case. She'll have to talk to an attorney.

    All of this is assuming there isn't a clause in the wedding contract that allows the photographer to use the images for any reason he wants, which there probably is.
     
  21. asdfbunk

    asdfbunk A Member OT Supporter

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    I understand what you're saying. I just figure he would consider that referral by her word (and she is quite wealthy) would be worth more to him in clients than using her pictures against her taste. Personally I think maintaining a good relationship with all clients should be a priority unless they are being completely unreasonable, yes?

    In the end though, he is in the right and she did agree to it. I should beware communication before signing any contracts from now on :mamoru:
    But billboards are so ballin outta control. You know you'd do it.
     
  22. wizeguy4

    wizeguy4 New Member

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    I am sure that a couple with a 400K income could also afford a lawyer. And legal issues are not won or lost on contracts clauses or even right or worng but rather how well the attorney presents his case and for the right money it can be presented well.

    Ben and Jim both have clauses that alow them to do as they please but I am sure if they took a pic of this bride, a pic of a fat woman and pic of a can of some weight loss milk shake and used their artistic know how to use the photos that they say they can do whatever they please to create a billboard of a fat woman on a diet drinking the shake shit with a different persons face and put it on a billboard in the name of promotion and artistic whatever and self promotion and see how that goes. I am not saying that either Ben or Jim woudl do this (although I think they would receive OT highest distinctions if they did) I am just putting this together. besides their clauses are just big blankets statements and prolly will be perceived as being too vauge to hold much credibility anyway
     
  23. Girth

    Girth ¯\_(ツ)_/¯ OT Supporter

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    I'd rather put the drool monster on one and have simulated drool hanging off the billboard onto the street. :o
     
  24. asdfbunk

    asdfbunk A Member OT Supporter

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    :bowdown::bowdown: Clients would expect a bit much after seeing something like that though. Don't get ahead of yourself :mamoru:
     
  25. Girth

    Girth ¯\_(ツ)_/¯ OT Supporter

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    I'd do that just to do that, screw potential customers. No names, no site, no nothing, just drool. :mamoru:
     

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