Models rights: a modl mks custom vid, scrptd and pd for by client no cpyright does she have rigts to vid?

Question

Model makes custom video for a client who creates the script and pays a modeling fee. video was not copyrighted by model...no model relese was given to buyer...is one needed? if video was put on a public venue...would she have legal recourse?

Answer 1

performers do indeed have some rights. If the taping was either done with out the models knowledge, or if the model was not paid for the work, then the lack of a written release would be important. however it appears that a payment was made, so that by itself is evidence that at least a verbal contract was consumated. The participation was appearently done with the models knowledge which implies permission. For the model to come back at a later date would just be dismissed as sour grapes unless she could show how the event was somehow fraudlent, and the evidence would have to be compelling.

in any event, the model does not have copyright in the videotape, but she can have some legal control over its commercial exploitation or have a lien applied to its profits if the court is sympthetic to the claims of fraud.

Answer 2

Nope. A model has no rights to any video/pictures, unless she pays for them to be made. If she got paid for modeling, that's it, she gets nothing else. Her image can be used from that session at will by the copyright holder (the one who paid her). You have no rights to your image, just to the actual film that it's on. If she doesn't own the film, she has no rights to it.