Legal Question in Entertainment Law in California

Talent/Model release

A spa asked if they could photograph me in differant yoga positions. There was no mention of when the photos would be used and a couple weeks later the photos appeared in the local newspaper in a full page add. The following week the photo appeared in the same paper on a half page. The director of the spa called on the phone a couple of weeks after later and asked if it would be alright to use the photo to put on the sides of a buses in two counties and that I would need to sign a model release and that they would compensate me $250.00 for this. I asked them to send the release so I could look it over which they did along with a check for $250.00 with a memo at the bottem that read model release fees. I was wondering what is fair compensation for this and if the images were already used for advertising without a release signed, would it be prudent to ask for compensation for the images already used and if the images end up on buses without the release do I have anyway of receiving compensation for this and what would be fair market value for this. Thank you in advance for your consideration.


Asked on 11/28/06, 9:01 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Talent/Model release

You would be entitled to the fair market value of similar modeling services provided for photography and/or promotion. Before you sign a release or anything, you should retain legal counsel to help you evaluate the value of your photos and/or their prior or subsequent use.

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Answered on 11/30/06, 6:11 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Talent/Model release

The spa violated your rights when they used your photo for commercial purposes without your consent. How or what you get paid for that use can only be determined if you take them to court, a costly and useless process as you would end up paying more legal fees than recovering, unless you represented yourself, also inadvisable. If they're offering $250 for the bus ads, the prior use arguably entitles you to more than the $250. It's negotiable. Even if someone here suggested a fair amount, you're in the same position if the spa rejects your offer. Start at a few multiples of $250, negotiate the best you can and make sure you set a term on how long they may use the photo.

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Answered on 11/30/06, 9:49 pm


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