Can a model sue a business for using their picture on their website, even with consent?
For example if a company(LLC) pays for the pictures and event and already got consent from the mod to use the picture can a model sue a company if they no longer want the pictures posted? What rights do the LLC have to the photos assuming no contract was written.
The model was used for pictures for a website selling hair products.
She was not compensated with no written agreement but a verbal agreement.
The pictures, products and everything used in the pictures were paid for by the LLC.
- JohnLv 61 month ago
Under normal conditions, a verbal contract is binding. Its harder to enforce than a written contract, especially if there were no witnesses to the deal and the model is willing to lie under oath in court. The reason I said "under normal conditions," however, is because one element of a legal contract is consideration. Since the model was unpaid, this is not a legal contract (unless the model received something else of value for her work).
- Elaine MLv 71 month ago
Once they agreed, they can't take it back.
- WhoLv 71 month ago
over 18 the person who took the pictures owns them and can sell them to whoever they want and no "consent" is required
NEXT time get a lawyer to draw up a contract before you allow any pictures to be taken of youself
- Anonymous1 month ago
Courts are such that anyone can sue anyone else for any reason.
Winning is another story. Collecting if you win is even harder. And, you might win a penny dwarfing the court costs spent by you.
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- 1 month ago
Unless there is an agreement that the model can revoke consent to use the picture, there is nothing that can be done.
Of course, you can sue, but that would be the end of your career.
- Jewel LittlenutsLv 61 month ago
No, the type of contract models sign makes it so the owner can use it as much as they want and for no further payment, plus never has to stop using it. This is one of the arguments against porn, the "actor" might regret it later, doesn't want their family to find it but, cannot do anything about it being out there.
- babyboomer1001Lv 71 month ago
You can sue for anything. You won't win. With consent - what don't you understand about the word "consent"? No contract - it depends on how the photograph was obtained, who took it, who owns it, or - was it posted publicly?
- A HunchLv 71 month ago
if the model consented in writing and was paid, they wouldn't be able to do a "do over".
- Pearl LLv 71 month ago
probably not if they got consent
- 1 month ago
In the absence of a written contract it would be an implied contract. Who took the photo? Generally the photographer retains the rights.