Model with 'Standard' model release problems

[gezuvor]

What is the name of your state?California

I started modeling about 5 months ago and have already been featured in numerous magazines, commercials, tv shows and calendars. One of the first shoots I did was an 'implied' topless shoot (photos don't show nipples, but implies I am topless). I signed a standard release form for this shoot and forgot about it. The photographer sold many of the photos to a very popular online magazine who put them up with an article about me. I had no problems with the photos or article. More recently, the photographer has posted more of the same photos under a different model name and included no less than 6 shots that clearly showed my nipple. Accidental shots that I had no intention of having taken. Unfortunately, the site he posted them on is 90% nude / porn and I have already recieved many 'offers' by entities asking me to pose topless or nude because of it. Additionally, my mother ran across these and since it is clear it is me and not the 'pseudo-name' posing for these photos (as stated by many forums and websites), she thinks I am trying to hide a porn lifestyle by changing my name. Clearly, I had no intention of posing topless (as the agent that found the job agrees), and find this could seriously endanger the direction my career is heading. Is there anything that can be done at this point (even though many other sites have already re-posted the photos under both mine and the 'pseudo' name)?

 

[I AM ALWAYS LIABLE]

What is the name of your state?California

I started modeling about 5 months ago and have already been featured in numerous magazines, commercials, tv shows and calendars. One of the first shoots I did was an 'implied' topless shoot (photos don't show nipples, but implies I am topless). I signed a standard release form for this shoot and forgot about it. The photographer sold many of the photos to a very popular online magazine who put them up with an article about me. I had no problems with the photos or article. More recently, the photographer has posted more of the same photos under a different model name and included no less than 6 shots that clearly showed my nipple. Accidental shots that I had no intention of having taken. Unfortunately, the site he posted them on is 90% nude / porn and I have already recieved many 'offers' by entities asking me to pose topless or nude because of it. Additionally, my mother ran across these and since it is clear it is me and not the 'pseudo-name' posing for these photos (as stated by many forums and websites), she thinks I am trying to hide a porn lifestyle by changing my name. Clearly, I had no intention of posing topless (as the agent that found the job agrees), and find this could seriously endanger the direction my career is heading. Is there anything that can be done at this point (even though many other sites have already re-posted the photos under both mine and the 'pseudo' name)?

My response:

Your "intent" doesn't matter. What matters is the Release you signed. The photos are not yours. You were paid, and you released those photo rights to the photographer. Those photos are his/her property, and the photographer has a right to not only recoup his/her costs and other expenses, but to also make a profit.

You should have had an attorney review the contract before you signed on the dotted line. Now, those photographs are no longer under your control.

IAAL

 

[gezuvor]

Did I only sign away the photos that were intended to be taken?

California.

It is clear he was snapping photos in between poses, 'trying' to get shots that were not being asked for. I have no way of seeing the photos before signing away the rights. I had been previously informed that unwarranted photos could not be used for 'porn' when it was clear that was not the intent of the shoot. Thanks for the response. It looks like I may only have the right to give him a peice of my mind, appearantly not much to have signed that paperwork.