Legal Question in Business Law in New York

Hi Everyone,

Here's the story. I am an amateur photographer based in NYC and was recently working on a TFP project to improve my work after which all images (raw files as well) were shared with all parties involved; model, agency, retoucher, and MUA. Now the agency has requested that I remove a few images posted on my website which serves as my portfolio because they do not like the edits I made to the images. Now i'm not saying that images are fantastic or incredible by any means but they are what I want for my portfolio currently. They state that the agency owns the rights to the images and I can only use images approved by the agency for my portfolio and have now threatened legal action.

At no point did I ever agree to give them final approval or ownership on any images either written or verbally. It was understood that everyone was working on a TFP basis - no compensation ever changed hands either, in fact the ad I responded to stated they need a photographer who is looking to only build there portfolio and in exchange they would send over models and makeup artists. It was simply a verbal agreement (in hindsight obviously a mistake). They are now threatening to take me to court if I do not remove them from my website. I have limited resources but have spent a lot of time and money on creating these images and don't want to lose them from my portfolio right now as it it could lead to more work, not to mention any financial obligations due to court costs and such.

I'm a little little scared and worried about the situation. Has anyone ever experienced something like this, what are my rights? Is the law on my side or am I in the wrong here? Does anyone know how i can find a lawyer to help, I don't much but can pay for a consultation or something.

Thank you all in advance!


Asked on 7/22/16, 12:02 pm

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

You really need to discuss it over with a lawyer in private. The specific facts really matter.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 7/22/16, 12:54 pm


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