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Hello, I am a model in Los Angeles California and hired

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Hello, I am a model in...
Hello,

I am a model in Los Angeles California and hired a photographer to photograph me for my portfolio. I did not sign anything- no model release. Nothing was signed by either party. Can he use those photographs to post on his online website or online portfolio, to show to other potential clients in person, give to people as gifts, or sell to third party as he wishes? Without anything signed, what are his rights to be able to use these photographs, and where?

Thank you for your time,
Amanda
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/14/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.





When an independent photographer creates a work, the copyright of the photos - which gives the owner the sole legal right to copy, distribute, and display that work, among other things - generally belongs to the photographer unless otherwise agreed upon in the contact,if there is one. Usually, a photo agreement has a clause allowing the photographer to reuse the photos anyways. But in default, he CAN reuse the photos since he gets default copyright, yes. An agreement can always be signed post-facto to prohibit this.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
























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Customer reply replied 8 years ago
Thanks for your response, since there is no written agreement in place between the parties, does that mean he can sell those images to third parties too? Like a porn site? My concern is because some of these photos are very revealing. I'm also an actor, and in the case of what happened with XXXXX XXXXX, the photographer did not have a model release and tried to post those photos on internet and to the world, he lost without model release.
Lawyer: Ely, Counselor at Law replied 8 years ago
Correct, however, you can attempt to get a restraining order against him in this case. If the Judge feels that the damage to your reputation might outweigh the profit he makes, they MAYBE the Court would allow it. But remember that Paris Hilton video? Same difference, it the Court allowed it.... :\
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