Photographers and Models Scrapping Again Over Usage Rights

Scott Baradell edits and contributes to Black Star Rising. A former newspaper journalist and executive for Belo Corp., Scott is an accomplished brand strategist who leads the Idea Grove agency. He writes the Media Orchard blog and manages the Spin Thicket and Dirt 100 Web sites. He has nearly two decades of experience working closely with professional photographers, both as a journalist and as a corporate photography buyer. in Photography Law on April 18th, 2007

It’s happened again: a photographer is battling publicly with a glamorous model over usage rights.

In the latest round, photographer Dimitri Halkidis plans to sue former Playboy Playmate (and current reality show star) Shannon Tweed, who included pictures of herself taken by Halkidis in her 2006 biography without compensating him.

“I am shocked,” Halkidis said of Tweed’s oversight.

He shouldn’t be. Lately it seems that models and starlets believe that, simply by virtue of being in the picture, they control the image rights.

For example:

  • Last year, Jessica Alba threatened to sue Playboy after the publication of an Alba bikini shot without her permission — despite Playboy having all necessary clearances. She dropped the suit only after Hugh Hefner personally apologized for causing Alba “distress.”
  • Also last year, model Veronica Varekova protested when Corbis sold lads mag Maxim a lingerie pic of her from a British GQ photo set. She claimed the reuse was “unlawful.” Again, the threats went nowhere.
  • Most recently, Australian tourism spokesmodel Lara Bingle has become embroiled in two legal disputes over the use of her image — bikini pictures in the racy Zoo Weekly and nude photos in the German GQ. In both instances, her claims appear shaky at best.

Models, take note: if you want to control the use of your images, just being in the picture is not enough. It has to be in the contract.

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