I did some freelance modeling a while back. However, I wish to gain back the copyrights to my pictures because I realized that one of the photographers who has been shooting me has been posting all images online to the public. However, he had "forgotten" to give me a copy of the contract when we shot (twice). And I've been bugging him for over 2-3 months now, and even though he says he'd be sending me a copy, I never recieved anything. For the past month and a half, he has been avoiding my emails and phone calls. What should I do next to insure I will get a copy of my contract so I know what I'm working with here? Should I just tell him straight up that I'm trying to get my copyrights back or get my hands on the contract first?
2007-03-17 14:36:48 · 6 answers · asked by cheeks_wayne 1 in Politics & Government ➔ Law & Ethics
If he actually does have a contract with your signature, then you are out of luck. I would advise you that he is under no obligation to provide you with a copy, that is something you should have gotten yourself at the time the contract was signed. The only way he can be compelled to turn over a copy of the contract is under subpoena.
On the other hand, he may be ignoring you for the simple reason that the contract does not exist. He is hoping that you will just become discouraged and leave the matter alone.
In the second instance, I would advise you to send him and e-mail telling him that if you do not receive a copy of the contract within (say) a ten day period, you will go to an attorney and issue a demand letter. Tell him that he should just send you the d***ed contract because it would be burdensome for both parties to go through the legal machinations of subpoenas, depositions, court costs, etc.
If he still ignores you, you should be able to find an attorney who can inexpensively type a demand letter for you. If you are having a tough time finding one, then I recommend you get someone fresh out of law school since it is a pretty uncomplicated matter.
2007-03-17 15:48:31 · answer #1 · answered by Jesus Jones 4 · 0⤊ 0⤋
Stop calling or emailing him and write him instead. Send the letter via certified mail so he has to sign for it when he receives. Let him know that you are demanding a copy of the contract and that he do so within a specific number of days (7 should be enough and give him a specific date).
You should also specify the punitive actions you plan to take if he does not comply with your wishes (report him to the local BBB or professional licensing authority if he has one).
If he does not provide you a copy of the contract, make sure you follow through. Do EVERYTHING in writing because that is your only proof of the actions you have taken.
You may even be able to sue him in small claims court if he is using your image in ways you haven't consented to.
By the way, this process works well for ANY legal dispute you may have.
2007-03-17 14:46:38 · answer #2 · answered by In 2 Deep 3 · 0⤊ 0⤋
you can buy the copyrights back, but he can do whatever he wants with them if you signed that document. after like 30 or so years they should be public domain tho' then you can get them of course so can everyone else. Best advise get a lawyer to demand a copy of the contract and have him find any loopholes - like not being old enough to enter into a contract, also being trhat he probably did not have an atty look at the contract the speech alone in the contract may make it void. Lesson - get the contract take it to an atty- understand your rights and recourse before signing and before doing the shoot.
2007-03-17 14:48:25 · answer #3 · answered by contractor 1 · 1⤊ 0⤋
First of all, models genearlly never have the copy right, of the photos taken of them. But they can, if they want to and are able to, buy the copy right. Second, if the contract was verbal, it's equal to a written one, but never more binding. Tell him you want to see your contract, and that you want to buy from him, the copy right to photos that he shot of you. While you're at it, seek out a copy right attorney, with out telling the photographer.
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2007-03-17 14:48:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
None of what you wrote makes any sense at all. It sounds like there was a question on the claim. So far so good happens all the time. It also sounds like you got a lump sum payment and didn't keep any for the tax. If that is the case it is your fault. What I don't understand is the whole Social Security bit and the part about the insurance company giving you a lawyer and suing Social Security.
2016-03-16 22:11:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It does not sound like you have any leverage. Its just your word against his.
2007-03-17 14:45:33 · answer #6 · answered by Clown Knows 7 · 1⤊ 0⤋