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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Hi - my ex partner was a sculptor. I model for a piece nude.

Customer Question

Hi - my ex partner was a sculptor. I model for a piece nude. It wasn't supposed to be for the public, and was done with the intention of it being just for us, but I understand he is about to put it in an exhibition and it will be for sale. The private view is this evening. I have not consented to this and I have signed no model release form. Further, I understand there may be other piece of other ex-girlfriends (he had a lot)  and I don't want to be part of an exhibition that may have a narrative about old relationships. Do I have any rights or powers at all against either him or the gallery? The sculpture doesn't actually have a head but it is clear that it is of me to anyone that knows either myself or the sculptor even remotely. 

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Thank you for your query.

Copyright in the sculpture belongs to your ex-partner and normally, he would be free to exhibit his work without your consent.

However, you point out an agreement that the work was not for public display and as such, if he goes ahead and displays it in an exhibition, he will be in breach of contract and you may sue him for such breach and claim damages in the courts.

You may also apply for a court order stopping him from displaying the work to the public as damages would not be a sufficient remedy for you if he were to go ahead and exhibit the work in breach of contract.

I would suggest that you write to him and the gallery and point out that he would be in breach of contract with yourself if the work was displayed without your consent and that you do not consent to it being displayed at the exhibition, and that you may take legal action against him /gallery if it is displaysed to the public.

Hope this helps

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