Model reporting in photography rights?
I have a former friend who took cosplay pictures with me a while ago and since they have been on DeviantArt. She is now recently (due to us not being friends) saying I have no right to have those photos up and that she want’s them down. We both mutually agreed to be shot and have our pictures taken and I am not making a profit off this. Where would I find the “correct legal” sections about this? and who is right?
I am not the photographer. I failed to mention that. I am another model in the photo with her. We were both models for a photographer. And the photographer has said we may use the photos how we like. And when I approched the photographer about this, they said I may still have them up.
For purposes of this answer, I’m going to assume you shot the photos in question. (If not, they belong to the photographer.)
If the photos are displayed as part of your personal photo albums (not too familiar with that specific site), and not for sale or as promotion of your work, you are right. The photos are yours, and you are free to distribute them as you see fit.
If you are using the photos to promote your business (you sell other photos, or your service as a photographer, or something else), she is correct. You need a model release to use her image. In a lot of situations, a verbal contract is sufficient as long as its existence is provable. In the case of a model release, however, it must be in writing. Since she probably isn’t going to sign one now, you should take the images down.
EDIT: Same answer as the receiver of a gift (or purchase). As the publisher, you are ultimately responsible for getting a model release (if necessary). If there’s no commercial purpose, the photos are yours.
Photographers Rights And The Law In The UK
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