Photo's Taken Of You Without Signing a Model release Form

[totalexp0sure]

What is the name of your state (only U.S. law)? Virginia.....I had a photographer take pictures of me at a studio for modeling. I wasn't the only model there neither, but he apparently ran out of modeling release forms so I never signed any paperwork with him on anything. I was wondering, since I never signed anything who's pictures are they, are they mine or his, as copyright stands. Why I'm asking is because he posted 5 pictures of me, a total of 7, two being photo shopped, and he placed the pictures on his own personal website. He runs his own photography business. He posted on the main page of his site plus two separate links of his site. I would consider this advertising wouldn't you. Now he also placed my photo up in collaboration of other models photos in one main picture set as his main photo on the facebook, I believe it to be advertising as well, because hundreds of millions of people can view it anytime and he has his phone number and address in the main photo itself also, this all photoshopped, and it also has seeking talent on the picture with other things dealing with photgraphy outlined around the border showing what all his company can do.

Well i made contact with him and said I would take him to small claims because since i didn't sign a modeling release form that the pictures where mine, but he believes that they are his, even though he posted up without my signed consent to do such. Once making contact with him and tellim him all that he immediately withrew all evidence of the photos on any of the sites, but i screen shot them with time and date as proof. Can I sue him for that>

Also i want to add, he called me up and used vulgar language on the phone, over the air way, which is illegal by our state law. But I want to know if I can sue him for that as well.

What all do you think I could possibly sue him for and what under terms and stuff in small claims court.

He even threatened to counter sue me for wasting his time and everything saying he has over 45 thousand he can use to whatever he wishes because he owns a business and is protected for people suing him. I'm already going to the magistrate office to have a warrant of his arrest for a class three misdemenor for the vulargity over the phone, even after I asked him to tone it down.

I need some opinion and help on this regard

Thanks To All Helps Assist Me

 

[divgradcurl]

What is the name of your state (only U.S. law)? Virginia.....I had a photographer take pictures of me at a studio for modeling. I wasn't the only model there neither, but he apparently ran out of modeling release forms so I never signed any paperwork with him on anything. I was wondering, since I never signed anything who's pictures are they, are they mine or his, as copyright stands.

They are his. He took the pictures, he gets the copyright, absent a contractual agreement to the contrary.

Why I'm asking is because he posted 5 pictures of me, a total of 7, two being photo shopped, and he placed the pictures on his own personal website. He runs his own photography business. He posted on the main page of his site plus two separate links of his site. I would consider this advertising wouldn't you.

Whether or not this is advertising is not the right question to ask, for purposes of defamation and commercial rights to your own likeness -- the question is rather the pictures are used in such a way as to imply that you endorse or approve of his company or service.

Now he also placed my photo up in collaboration of other models photos in one main picture set as his main photo on the facebook, I believe it to be advertising as well, because hundreds of millions of people can view it anytime and he has his phone number and address in the main photo itself also, this all photoshopped, and it also has seeking talent on the picture with other things dealing with photgraphy outlined around the border showing what all his company can do.

See above. It may be an unauthorized use of your likeness -- can't tell for sure without doing an analysis -- but just because it may be advertising doesn't necessarily mean it is an unauthorized use.

Well i made contact with him and said I would take him to small claims because since i didn't sign a modeling release form that the pictures where mine, but he believes that they are his, even though he posted up without my signed consent to do such. Once making contact with him and tellim him all that he immediately withrew all evidence of the photos on any of the sites, but i screen shot them with time and date as proof. Can I sue him for that>

What are you damages? You can only sue for money damages in small claims court. What kind of damages can you prove that you suffered?

Also i want to add, he called me up and used vulgar language on the phone, over the air way, which is illegal by our state law. But I want to know if I can sue him for that as well.

If it is a criminal act, then probably not, unless your state allows for qui tam standing for this particular crime -- but that's probably pretty unlikely.

What all do you think I could possibly sue him for and what under terms and stuff in small claims court.

If you suffered provable damages as a result of his negligence or wrongdoing, you have a cause of action to pursue.

He even threatened to counter sue me for wasting his time and everything saying he has over 45 thousand he can use to whatever he wishes because he owns a business and is protected for people suing him. I'm already going to the magistrate office to have a warrant of his arrest for a class three misdemenor for the vulargity over the phone, even after I asked him to tone it down.

I need some opinion and help on this regard

Thanks To All Helps Assist Me

What?

 

[quincy]

Oops.

These same questions were asked by this same poster in a different thread in Civil Litigation. I answered them, in pretty much the same way, there.

I agree with everything divgradcurl has said. . . . . including the "what?"