QUESTION

Can the photographer legally use my photos if we do not have a contract?

Asked on Jul 19th, 2013 on Entertainment Law - Florida
More details to this question:
A year or so ago, I made the mistake of letting a photographer that owns a gallery take nude photos of me. It's what he does. We had a verbal conversion of a trade of services. He takes those pictures and then I'll let him be my photographer for sets for a website. No contract was made. He sent me the photos and I didn't like them and decided it was a mistake. I kindly contacted him, expressing this and asking if I could pay him for his services, so we'd be even and it'd be right. He denied this request. I deleted the photos immediately, since I didn't like them and have no use for them. I don't have them at all.
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2 ANSWERS

Susan Marie Basko
I do not understand all the details here. Let me see if I have this correct. Were you posing for nude photos that he would use and doing that as a form of compensation to him? And in exchange, he was going to work as a photographer for you for your website? In other words, was he exchanging being able to exploit photos of you as compensation for working for you? But that deal was oral and not in writing? The photographer may own the copyright to the photos, but you own the right to your image, which cannot be used without your permission. Hire a lawyer to send him a letter and have him delete all copies of the photos and never use them. Then keep your eye out to see if he is showing the photos. If anyone is considering posing for nude or compromising photos or videos, they should have a lawyer involved. Getting such photos or videos can harm or outright destroy your career or jobs for many years. It can change your whole life, and usually for the worse.
Answered on Jul 22nd, 2013 at 4:26 PM

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In many jurisdictions verbal agreements for products valued at under $500 will be valid. The issue may turn on whether both sides received the agreed on product/service. It seems that you have a good argument that by failing to deliver the quality photographs you bartered for, the photographer may have breached the agreement.
Answered on Jul 22nd, 2013 at 10:29 AM

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