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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My 23 year old son is looking into a modelling career

Resolved Question:

My 23 year old son is looking into a modelling career and has just been accepted by an agency, we have tried to look in depth via many sources as to its legitimacy and it appears to be ok. However my concern now moves to his rights over photographs that may be taken, who owns the copyright?, what control can he have over where the photos are used?, what does he need to look for in model releases and contracts? The agency may provide me with this info, but I am concerned it may be biased. If the request is too in depth, can you signpost me to a helpful organization. Thank you for your time. H XXXXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether he has signed any form of contract?

JACUSTOMER-t6pi8945- : No not at present
Alex Watts :

Ok, he needs to sign one. If so then you can examine the contract. It will say who retains copyright of the images.

Alex Watts :

So you need to check the contract.

Alex Watts :

In the absence of a contract the photographer would retain the rights, so make sure its in the contract

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-t6pi8945- : Hello again, does he need to sign both a contract with the agency and a contract with the photographer working for any relevant client
Alex Watts :

The agency will be hiring a photographer, so it needs to be between your son and the agency

Alex Watts :

Usually the agency signs contracts with each client

Alex Watts :

Usually if more is paid then the client retains the photo

Alex Watts :

But your son needs to check

JACUSTOMER-t6pi8945- : If the agency agrees to let the client keep the photos or the agency keeps the photos what right does my son have to stop them using the same photo shoot photos for numerous clients without my son getting paid
Alex Watts :

He cant. He needs to check the contract with the agency then

Alex Watts :

Sadly it may be that people dont pay, some companies are like that and the agency may need to take them to Court.

JACUSTOMER-t6pi8945- : Changing the subject for a second, are the questions I am asking in this chat counted towards my five questions per month in the subscription or is this classed as a chat with regards ***** ***** first question.
Alex Watts :

This is one

JACUSTOMER-t6pi8945- : Obviously there seems to be limited advice until a contract is signed, but I am trying to make sure that the contract he does sign is not going to leave him open to being taken advantage of, so any advice on what to look for in the contract, good or bad, will be useful.
Alex Watts :

He needs to read the contract before its signed.

Alex Watts :

See what it says about the owner of the image etc

Alex Watts :

That is the key

Alex Watts :

Does that help?

JACUSTOMER-t6pi8945- : A little, but not as much info as I hoped, maybe because there is no contract to discuss, but I was hoping to learn things for him to look out for. Perhaps not the best use of my forty pounds.
Alex Watts :

Sadly unless there is a contract, I can't advise on it.

Alex Watts :

All he needs to be careful of is ownership.

Alex Watts :

As I read the question it was who owns copyright and use of photos

Alex Watts :

All this will be in the contract

Alex Watts :

But until you have a contract, its hard to say how it will benefit him

Alex Watts :

Its like asking to write a review of a car when you have not seen it

Alex Watts :

But the key features are:

Alex Watts :

1) Who owns copyright

Alex Watts :

2) What can be done with the images

Alex Watts :

3) Who retains title in the event of non payment

Alex Watts :

Can I clarify anything else about this for you?

Ash and other Law Specialists are ready to help you