problem with an ex and photos

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dunk

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Edit My Images
Yes
i've searched on here re model release forms etc and i've looked up the copyright act 1988 so i sort of know im in the clear but...
my ex posed for some photos a couple of years ago that she could use in her portfolio, (she does part time modelling) at the time she and i put them on our respective facebooks and myspace etc, i never got her to sign any sort of form/contract, now, i've started a facebook "page" about my photography and the photos i took of her are among the photos i loaded to this page.
she has been informed of this "page" and started ranting about her not signing any model release forms and i cannot use the photos without her permission (ironic that she uses pics i took of her doing grid work at cadwell on her facebook still)
apparently she has asked a pro tog about it and they informed her i need her permission/model release etc. so, i sent her link to the copyright act and the fact model release forms are not legally binding or required in the uk. now i've heard she's looking to speak to a solicitor about it. i bet by now a few of you are laughing at this situation but having been made redundant last week the last thing i want is a ranting ex.
so, can someone put in best legal but also understandable to the hard of thinking that i have the the right to put on public display my "art"
thanks :)
 
dunk said:
i've searched on here re model release forms etc and i've looked up the copyright act 1988 so i sort of know im in the clear but...
my ex posed for some photos a couple of years ago that she could use in her portfolio, (she does part time modelling) at the time she and i put them on our respective facebooks and myspace etc, i never got her to sign any sort of form/contract, now, i've started a facebook "page" about my photography and the photos i took of her are among the photos i loaded to this page.
she has been informed of this "page" and started ranting about her not signing any model release forms and i cannot use the photos without her permission (ironic that she uses pics i took of her doing grid work at cadwell on her facebook still)
apparently she has asked a pro tog about it and they informed her i need her permission/model release etc. so, i sent her link to the copyright act and the fact model release forms are not legally binding or required in the uk. now i've heard she's looking to speak to a solicitor about it. i bet by now a few of you are laughing at this situation but having been made redundant last week the last thing i want is a ranting ex.
so, can someone put in best legal but also understandable to the hard of thinking that i have the the right to put on public display my "art"
thanks :)
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every right to display it and let her waste money on solicitors if she wants.

but.........wouldn't it just be sensible/easier to take them down for a quite life, assuming that yiou have more photos to fill the gaps
 
Model and property releases are not enshired in UK law anywhere (as you correctly point out).. they're just used to make things a little easier should any problems arise afterwards. To be honest, they're mostly used in the professional photography/modelling world where money is at stake.. for most amateur photographers/models who are doing it for a hobby or pics for facebook etc, they don't serve much of a use!
 
boyfalldown said:
every right to display it and let her waste money on solicitors if she wants.

but.........wouldn't it just be sensible/easier to take them down for a quite life, assuming that yiou have more photos to fill the gaps
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i don't have other photos ...yet, was due to buy some portable gear but due to job loss that will have to wait.
i'm quite surprised the "pro" doesn't know the law though.
 
in the Uk we do not own our own image rights like in some other countries (france for example). so you do not need permission to take pictures of any body and no one has the right to make you delete them. You only need a signed model release form if you are making money from the image directly which im guessing your not, if the image is of public interest (a get out of jail card for the pap) or is not being sold in any way then you do not need a model release. this is how i understand it any way.
 
Jamesstan said:
in the Uk we do not own our own image rights like in some other countries (france for example). so you do not need permission to take pictures of any body and no one has the right to make you delete them. You only need a signed model release form if you are making money from the image directly which im guessing your not, if the image is of public interest (a get out of jail card for the pap) or is not being sold in any way then you do not need a model release. this is how i understand it any way.
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You don't even need a model release if you are making money from it... think of celebs and paps, can you imagine Miss Hilton signing on the dotted line to allow all those less than perfect pictures of her to be sold? ;)
 
You are in the clear and cannot be approached legally to remove them or stop using them at all.

Whether or not politically this is a sound move is up to you.

The boots on your foot, its up to you whether or not you use it for a shoe'ing :D
 
dunk said:
now i've heard she's looking to speak to a solicitor about it.
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I think you should encourage her to continue down this line. Once she has spent money getting the advice of a solicitor to find out that you have the copyright of the images you took, you'll be able to continue to use the images you are using and you have the right to ask her to remove the images she is using that you took.
 
She is useing pictures YOU took? if she wants to get shirty then im sure YOU have the upper hand! if you are the only one with rights to remove pics.. even the ones SHE is showing (If you took them) other than that.. tough.. if they were up while you were together then its even more secure.. if she didnt mind them being online while you were together then shes just throwing her toys out of the pram! you are fine..
 
ah ex's.. can't with them, can't kill them..

as said several times, you are within your legal right to use the photos being the holder of the copyright. technically while she is using your photos with your permission you must of given her at the time you could revoke this maybe if you wanted to mess her about?
 
neil_g said:
ah ex's.. can't with them, can't kill them..

as said several times, you are within your legal right to use the photos being the holder of the copyright. technically while she is using your photos with your permission you must of given her at the time you could revoke this maybe if you wanted to mess her about?
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Removed

Surely the solicitor will tell her much the same IF she carries out the threat, so she will just waste her time and money.
 
Had the same thing with one of my Ex's - a friend of hers noticed them on my dA page and emailed me to take them down.
I said the same thing - I took the photos, they're mine to do with as I please.
Model release or no model release (which as has been pointed out are only 'legal' in the US, which is why agencies require them for almost everything 'just in case'), she has no legal grounds to demand their removal.
 
I'm guessing you are not on good terms then?

Tell her to do one, tell her you have every right to display the images as you please and that you also have every right to demand she stops using photographs you took of her. You don't have to actually make that demand, but you have every right to.

Her 'pro tog' friend is a sadly misguided individual. Unlucky for her she is going to look at solicitors on the basis of his information. Don't worry, it shouldn't cost you a bean to fight this.
 
Tell her to do one, block her and her friends access to your photo's and make them friends only, then report her images to FB for uploading images for which she doesn't own the copyright.

Ignore the solicitors threat or treat it as free entertainment.

Having said that who wants pics of their ex on their facebook?
 
iancandler said:
Tell her to do one, block her and her friends access to your photo's and make them friends only, then report her images to FB for uploading images for which she doesn't own the copyright.

Ignore the solicitors threat or treat it as free entertainment.

Having said that who wants pics of their ex on their facebook?
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Depends how fit she is and how naked...:naughty:
 
Jamesstan said:
in the Uk [...] You only need a signed model release form if you are making money from the image directly
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No, in the UK, a model release is not legally required even if you are "making money from the image directly". They are not required under UK law.

If anything, he could contact Facebook to remove the images from HER profile as she is in breach of HIS copyright if she does not have permission to have them there. :)
 
only need a model release for anything that is used in advertisment

don't need a release to use images for editoral or prints
 
dunk said:
i've searched on here re model release forms etc and i've looked up the copyright act 1988 so i sort of know im in the clear but...
my ex posed for some photos a couple of years ago that she could use in her portfolio, (she does part time modelling) at the time she and i put them on our respective facebooks and myspace etc, i never got her to sign any sort of form/contract, now, i've started a facebook "page" about my photography and the photos i took of her are among the photos i loaded to this page.
she has been informed of this "page" and started ranting about her not signing any model release forms and i cannot use the photos without her permission (ironic that she uses pics i took of her doing grid work at cadwell on her facebook still)
apparently she has asked a pro tog about it and they informed her i need her permission/model release etc. so, i sent her link to the copyright act and the fact model release forms are not legally binding or required in the uk. now i've heard she's looking to speak to a solicitor about it. i bet by now a few of you are laughing at this situation but having been made redundant last week the last thing i want is a ranting ex.
so, can someone put in best legal but also understandable to the hard of thinking that i have the the right to put on public display my "art"
thanks :)
Click to expand...

Whats your facebook site so we can see your art and see what the fuss is about ?:)
 
*snip*

I've removed what i said originally as I figured it out myself :-)

In this case it does sound like the best thing would be to tell her she's completely wrong, but take them down anyway because she aint worth it ;-)
 
turnpike said:
This is all interesting. Sorry about the hassle you're having dunk!

So, if you take a photo of someone in the uk, then put it on a website and sell it, you aren't breaking the law if the person in the photo hasn't given you permission?

Is this regardless of
a. where it was e.g. in a public place or alternatively, say, a performance.
b. what if someone not in the uk buys it?
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Generally no you don't need permission. You're not breaking the law if it was taken in a public place. You may run into copyright issues if it was of a performance though.

One other thing to consider is photos can be construed as libel. If you took a photo of a couple holding hands, used it to advertise condoms and they turned out to run the local 'save it till I marry' club they could in theory take you for libel
 
boyfalldown said:
If you took a photo of a couple holding hands, used it to advertise condoms and they turned out to run the local 'save it till I marry' club they could in theory take you for libel
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Which is where a model release is advisable, but still not legally required.
 
As others have said the only possible risk with not having a model release form in the UK is if the image is in some way defamatory to the person in which case they could seek compensation for damage to their image/reputation.
 
Take the photos down and move on, no harm done unless she's the only girl in your portfolio.
 
Dazzler said:
Take the photos down and move on, no harm done unless she's the only girl in your portfolio.
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I had a similer thing back a while ago of photos on facebook that I'd taken at a wedding. Was asked to remove them. I asked on here and pretty much had the same replies. I removed them just to keep the peace in the end.
 
If I put pictures of my Ex on Facebook, they would demand I remove them.

Woof Woof comes to mind.

If it was an acrimoniuos split tell her to continue to waste her money and to go take a hike.

If it was a pleasent split tell her to continue to waste her money and take a nice stroll in a daisy filled meadow.

Sounds like sour grapes to me :D
 
Do the right thing and take the images down. What's right in the laws eyes, and what is the actual right thing to do are often 2 different things

Ex's are allways ball ache, and you need to get over it, and get rid
 
What would be interesting is what the solicitor has to say. Some may tell her that there's nothing they can do legally, but offer to write a letter to you anyway. If that's the case she'll waste even more money.

I reckon that the "Tell her to remove the images on her page, and you removing yours" is a win/win all round.

Steve
 
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