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2small4porn
Anaheim, OC, CA
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Do photographers have too much power?
Sep 16 2020 10:45AM more by 2small4porn
Tags: Random

Supposedly emily ratajkowski (before she got famous) took a magazine modeling gig when she was 20 for some magazine. (It wasn’t some nudie mag I don’t think.) This was before she got famous after the Robyn Thick Blurred Line video. The photo shoot was 8 years and instead of pmt, she got paid via exposure from being included in the magazine. I think the original shoots were normal clothed pics.

However, while at the shoot the photographer asked her to take some nude shoots and she did.

Now, this photographer has compiled all her nude pics from 8?years ago to publish an $80 collection 100 nude pics of emily ratajkowski. I think that’s pretty f-up.

I understand that photographers usually retain rights to the photos they take of the models but I don’t get why most models consent to such absolute right and forever. Maybe there needs to be a new type of contract that clocks out the permission that models give?

Something like, “photos not published after 2 years of taking them and pics not used for original publication may no longer be published publicly w/o models’ consent.” Or maybe have such clause for nude pics?

Any photographers here care to explain why photographers are justified to retain the right to use a models’ pics forever?

Even when gals here pay to have pics professionally taken by photographers, my understanding is that the photographers retain the rights to keep and use the pics in the future?

Is this an antiquated practice from the past, or what’s the reason why photographers get to keep rights to models’ pic forever and what’s the logic as to why models should give up such rights to their own pics forever?

      
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2small4porn
Anaheim, OC, CA
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Sep 16 2020 11:04AM     link to this

I’m sure there is but my question is why, in general, most photographers’ contracts give such broad and absolute rights of photographs to photographers?

Other than perhaps wedding or personal family portraits, I think the default practice and contract for photographers is for models to essentially sign their life away and give up all rights to photographers?
MissTaylorChase
IN
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since Mar 4 2020

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Sep 16 2020 12:39PM     link to this

I have EVERY photographer I work with now sign an NDA and a photo release form that states the photos may not be shared via a public or private online or in-person platform, they may not be edited after the fact, they may not be duplicated and at no point may they be used to generate revenue.

Know your rights. Always.
2small4porn
Anaheim, OC, CA
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Sep 16 2020 12:58PM     link to this

Especially in the case of a Emily Rat, she had an agent. I think the modeling industry has matured enough that Agents and Agencies ought to do more to prevent overly broad model consent forms.

One simple solution: I hope all the high powered ex supermodels and even Emily Rat get their big name modeling agencies w high power lawyers to simply draw up a new Standard Model Consent Release form and publish this new more limited consent form free-online with a Industry endorsement so that any starving model, whether represented by Agent or not can feel safe about using the Modeling Industry endorses limiter consent form.

For example, many professional rental associations post free rental applications, leases, Airbnb contracts, etc.

Sure you can blame young models for being stupid for not reading what they’re signing but there’s plenty of predatory (as well as professional/ethical ones) photographers who ll bury some gotcha clause that some overly naive or desperate model will sign just to get the gig.
MissTaylorChase
IN
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Sep 16 2020 01:02PM     link to this

That's actually a great idea. However, standard verbiage for contracts can already be found online. Having a template would be nice, but I think the real challenge is raising the level of consciousness surrounding these ventures in the first place.
Chucklaylo
City of Ventura, Ventura, Central Coast, CA
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since Aug 25 2007

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Sep 16 2020 01:45PM     link to this

She may not be happy about it, but it will probably make her more famous.
2small4porn
Anaheim, OC, CA
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Sep 16 2020 06:30PM     link to this

Too bad she didn’t hear about this release earlier. She could have pullled a Bella Thorne and released some pics on OnlyFans and made a quick $2 mil in a week.

MsTC- good for you that you were clever enough to assert your photo consent rights. You’re right about the need for awareness for young models. However, that’s gotta come from this supposedly “woke” and “metoo” culture of today be having Entertainment Industry and establishes veteran models and talents to create a go-to sight for young models to go in order to easily read about their rights/privacy hazards; and obtain a sample contract. Maybe like the one you mentioned you used.

Seems so simple and inexpensive to put together and maintain, especially for some big Entertainment Union or Agency. Who knows, maybe something like this already exists but young talents done know that it’s there or where to look.

Lastly, we haven’t yet heard from photographers yet? I wonder what their perspectives are on the use of Emily Rat’s nude pics 8 years after original photo shoot ? What are photographers’ defense of such absolute and perpetual right to use/publish models’ pics? How badly would it hurt the Photographers’ business if as default models gave publishing consent to a specific timeframe (say 2 Years) and to a specific project (ie a specific magazine, advertising, book or commercial)?
MartinBlank
Rancho Palos Verdes, Coastal, LA, CA
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Sep 16 2020 10:21PM     link to this

Too much reading.
GoBallsDeep
Fullerton, OC, CA
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Sep 16 2020 10:43PM     link to this

Even yours is tl;Dr
DRPW
Buena Park, OC, CA
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Nov 5 2020 12:00PM     link to this

Actually the way US Copyright Law is written, the photographer that takes the photographs owns the copyright to the photos unless otherwise stated in writing.
DRPW
Buena Park, OC, CA
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Nov 5 2020 12:01PM     link to this

Screen shot from Google.
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sherkahn
Diamond Bar, SGV, LA, CA
Pomona, Inland Empire, CA Today!
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Nov 5 2020 03:46PM     link to this

There is a caveat with that. Photographer needs to register and put in the meta info showing that they took the pics with their gear. In an age where smart cameras can move around data files, pics can be uploaded into a camera and made to look like they were on there originally, to the uninitiated.
DRPW
Buena Park, OC, CA
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Nov 5 2020 06:49PM     link to this

Not exactly true. Photo does not have to be registered for copyright.
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