Photographer Rights

[Roadvoyeur]

I am a semi-professional photographer, and have recently been contacted from a previous female model concerning photos that I took of her more than 20yrs ago. I did not get a model release form signed from her at the time the photos were taken, but she modeled for me with her consent and willingly. I have not used the photos for re-sale or any other means to profit from them, and have only used them in online Model/Photographer sites as part of my Portfolio..
She has informed me that she now demands ALL photos of her that I have in my possession immeditately and she has informed me that she now has legal counsel.. Am I obligated to return All photos and or CD disks containing her photos? Do I have any legal rights here? There was no money exchanged at the time the photos were taken as she was then a friend and did the modeling willingly and under no stress.

Any help or advice here would be greatly helpful..

 

[Roadvoyeur]

I`m just curious if I am obligated to return her photos? or if I own the negatives. There was never a model release signed, but I`m under the understanding that I still Own the photos and negatives and can agree not to sell them or use them if she requests that, but wondering if by law I have to return them to her. Does anyone know if this is true or not..

 

[Michael Wechsler]

I wouldn't return anything just yet. To begin, why did you agree to do all the work for a photo shoot? There was obviously some exchange that you agreed to and it's difficult to say right now what that was. this situation is messy. If it were me, the only way I'd amicably resolve the situation is by getting a full release of any liability from this ex-model including the usage rights for what you've done. I'm guessing that the photos are now more valuable and she wants to prevent you from selling what may be rightfully yours and which she didn't think about years earlier when younger. If the photos may be valuable, you may want to get legal counsel for a negotiation. Good luck...