Photographer Issues

[Djackson]

Georgia

Hi,
Recently I joined a website called Model Mayhem. I am trying to become a runway model and I thought this was a great site to network with other model and photographers. I responded to an casting call for a online magazine for a "diversity ad shoot" and was promptly contacted by the photographer. He informed me that we will do a test shoot and he wanted me to be his "muse" for his portfolio. Well, I shot with him and I took an assortment of photo's, high fashion, swim wear, casual and artistic nude. The picture were awesome and I was told that I could come back the following week for my edited photo's.
The following week I was contacted by his magazine editor, informing me that I had been choosen for the cover of his magazine, but not for the one I had responded to the casting for. This magazine is a male adult mag. I do not want to be apart of the mag and I let her know. She informed me that he was going to still use my pictures because he took them for free.
Can he do that, I have not signed a model release with him and I informed him that I did not want to take part of the magazine. What are my rights??

[quincy]

Without a model release, the photographer cannot use the photos he took of you, in any commercial manner at all. He owns the copyrights to the photos, you own the rights to your image.

[Djackson]

Thank you!

[quincy]

You're welcome.

The privacy laws this photographer would be violating, should he decide to publish your photograph without a release, would be "Misappropriation of Likeness" (Right to Publicity), which allows an individual the right to control how, when, where, or if their image is used in a commercial manner, and "Placing a Person in a False Light" (which is similar to defamation), where the image is used to depict the person in an objectionable and/or misleading manner.

Most publishers will not accept photographs for publication without a signed release from those pictured in the photograph. Otherwise, they will share in any liability.

Good luck.