On Feb 4, 2005, at 4:20 PM, James Fraser wrote:
The aspect of the case I wasn't clear on is: AFAIK, usually models sign a
release that basically says the photographer can do what he wants with the
pics. Are they entitled to additional compensation? Or did the original
photographer not make sure a release was signed, or???
There are levels of release; the one signed was for test shots; if they decided to use it commercially, they would have needed a new contract from the model and a new release.
The model wasn't paid for the test shots, it was, from what I read, something of a cattle call...lots of people were photographed.
However, they've used it and used it (and changed it, his hair was dyed for use on the Latin American market).
(and yes, the model would have been paid for the use of the photo..and probably paid considerably less than even the $100K Nestle offered to settle.
However, the model knew he had them dead to rights, and didn't settle. Nestle should have counter offered him, but they got arrogant and decided to take him to court. Bad move.)
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