Model Editing a photo without permission?

[snapshotninja]

I recently had an issue with a model I worked with. She did sign a model release (taken from gettyimages.com) no payment was given/required except images I already edited and resized was emailed to her.

She recently had her face airbrushed without permission.
What are my rights? are there any? I'm told moderate touching up is fine-and I would be fine with it-but her face looked like a doll and does not coincide with my work.

thanks to anone who can help-I am in California if that information is helpful at all

[mwfanelli2]

I recently had an issue with a model I worked with. She did sign a model release (taken from gettyimages.com) no payment was given/required except images I already edited and resized was emailed to her.

She recently had her face airbrushed without permission.
What are my rights? are there any? I'm told moderate touching up is fine-and I would be fine with it-but her face looked like a doll and does not coincide with my work.

thanks to anone who can help-I am in California if that information is helpful at all

What rights did you reserve in that model release? I'm betting that if it is not in the contract, it will be hard to enforce. I didn't do photography contracts but did have computer software contracts. Everything was spelled out clearly.

My advice, for what it is worth, is to get yourself a real lawyer. Running a business and counting on legal help from online strangers can't be a great idea!

[snapshotninja]

What rights did you reserve in that model release? I'm betting that if it is not in the contract, it will be hard to enforce. I didn't do photography contracts but did have computer software contracts. Everything was spelled out clearly.

My advice, for what it is worth, is to get yourself a real lawyer. Running a business and counting on legal help from online strangers can't be a great idea!

im not necessarily looking for LEGAL legal advice. I am by no means experienced working with model, so I'm still learning. The model release can be seen here:
http://contributors.gettyimages.com/...-_Dec_2008.pdf

Thanks for your help!

[opus]

Just a guess:

The Getty model release that she signed ("I understand that I have no rights to the content") tells her that she can't come to you and complain about how the image is subsequently used. HOWEVER, the fact that she now owns the pictures puts her in the camp of the consumer. Do you have restrictions on how the images can be used through Getty? Are people allowed to download your image and "[combine them] with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified"? If so, then she has the right to do what she wants with the image.

[snapshotninja]

Just a guess:

The Getty model release that she signed ("I understand that I have no rights to the content") tells her that she can't come to you and complain about how the image is subsequently used. HOWEVER, the fact that she now owns the pictures puts her in the camp of the consumer. Do you have restrictions on how the images can be used through Getty? Are people allowed to download your image and "[combine them] with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified"? If so, then she has the right to do what she wants with the image.

the photos are not up on getty, this release is used for personal use, and given to show you the exact release she signed.

this is how i see it, and tell me if im wrong or not-

the model gave up ALL rights to photos according to the release. therefore, if she wanted to change them or edit them in any way, she must have it in writing in order to do so. (im not talking about like editing a pimple out, im talking about changing the look of the photo by changing her face drastically)

I do wonder that if its not specifically written that she may not edit provided/given photos, that she may do so and this is just a lesson learned on my end....

I'm not looking to sue or anything like that, and i have found a model release that covers editing of any kind for my future use instead of this general getty images one.

[opus]

I really think the Getty release is inappropriate for your purposes, because it is only one-way. When the photos go the other way, then you need to specify what can or cannot be done with them.

If I am in a crowd and go up to someone and get a model release from them, they aren't expecting to get a copy of the photo back. If I did give them a copy of the photo, then we'd need a different kind of license, a usage license.

I think a release and a license are two different creatures.