Nuts Mag... Again!

Nuts Mag... Again!

16 posts
13 March 2012
I got an email this morning to say i'm in Nuts again! I had no idea so I went to buy the magazine and there I am on pg.64 advertising 'Nuts hot dates' (interestingly enough I'm not single or on the date site ha) Anyway, I guess it's kind of cool.. But they didn't tell me they were going to put me in the mag again, and use the images from a shoot we did for bedroom babes in December. Does anyone know what their rights are etc? As they are now using me to promote Nuts Hot Dating lol! My parnter and I both think it's quite funny though hehe All the best
Posted 13 March 2012
Amber6
Model
Amber6
Well done!
Posted 13 March 2012
Bob
Photographer
Bob
katiemae

Does anyone know what their rights are etc?

Unless you commissioned the photographer to shoot you for "for private and domestic purposes" or you signed a legal contact to prevent specific use, the photographer (or assignees) can do pretty much what they want short of defamation. However, if you signed a contract which grants the photographer and assignees irrevocable consent to publish or republish in any medium for all purposes you may not even have the defamation fall-back.
Bob
Posted 13 March 2012
Edited by Bob 13 March 2012
OldMaster
Photographer
OldMaster
Check the contract...if they paid you for the images I expect you will find clauses regarding the uses they can put them to. You probably signed it or they would have to pay every time they published your picture.

Posted 13 March 2012
HowardJ
Photographer
HowardJ
Congrats.

I see another Purestormer Holly Gibbons was also in Nuts today in the 101 topless babes section.

Well done all.

Posted 13 March 2012
Paul101
Photographer
Paul101
Well done Kaite, great to see your doing well

Posted 13 March 2012
pmeswani
Photographer
pmeswani
Can we have a signed copy?
Posted 13 March 2012
OldMaster
Check the contract...if they paid you for the images I expect you will find clauses regarding the uses they can put them to. You probably signed it or they would have to pay every time they published your picture.
I signed a standard model release with them on the day, and he basically said that the images are going to be used for the bedroom babes section. I was not paid for this, as it was only a bedroom babes competition and the prize is winning a shoot for a double page spread in the mag. But they have taken one of the images from this shoot and used it to promote their dating site... hmmmm
Posted 14 March 2012
HowardJ
Photographer
HowardJ
katiemae

I signed a standard model release with them on the day, and he basically said that the images are going to be used for the bedroom babes section. I was not paid for this, as it was only a bedroom babes competition and the prize is winning a shoot for a double page spread in the mag. But they have taken one of the images from this shoot and used it to promote their dating site... hmmmm


I think this is what Nuts is famous for.  You shoot for free and they use your images to fill up their magazine, make money from it and then go to the next model.  It's a good money making scheme for them.
Posted 14 March 2012
grahamsphotography
Photographer
grahamsphotography
katiemae

I signed a standard model release with them on the day, and he basically said that the images are going to be used for the bedroom babes section. I was not paid for this, as it was only a bedroom babes competition and the prize is winning a shoot for a double page spread in the mag. But they have taken one of the images from this shoot and used it to promote their dating site... hmmmm


If the pictures are not being used for what they told you they are breaking a verbal contract and you can charge them a commercial amount.



Posted 14 March 2012
HowardJ
Photographer
HowardJ
grahamsphotography

If the pictures are not being used for what they told you they are breaking a verbal contract and you can charge them a commercial amount.

I suspect the release allows them to do whatever they like with the content shot on the shoot.  Nuts bought the sets and have the release, so they can do whatever they like with them.  You could try contacting them, but I doubt you'll have any luck.
Posted 14 March 2012
I think the thing for me is the fact they didn't ask me, or even tell me they were going to use it. Had they asked or said, i would have happily been like yeah sure!

So is it worth the hassle of emailing them? Or am I just going to make myself look silly!?

Posted 14 March 2012
grahamsphotography
If the pictures are not being used for what they told you they are breaking a verbal contract and you can charge them a commercial amount.
How much is a 'comercial amount' haha
Posted 14 March 2012
grahamsphotography
Photographer
grahamsphotography
HowardJ

I suspect the release allows them to do whatever they like with the content shot on the shoot.  Nuts bought the sets and have the release, so they can do whatever they like with them.  You could try contacting them, but I doubt you'll have any luck.


I would e-mail then and say you want a copy of the signed release, as you don`t remember giving them permission to use the pics wherever they want, this request may create an instant reaction offering token payment.

See what reaction you get, If I get a model to sign a release and then sell them elsewhere I would always give her a % .

It depends how big the pic is if it is editorial £25-£60 which is only a token payment for using your pic if they did not have permission,  but if it is an advertising shot for Nuts they know that they should be paying lots especially if the same ad appears elsewhere like billboards etc.


Posted 14 March 2012
Edited by grahamsphotography 14 March 2012
Bob
Photographer
Bob
katiemae

I signed a standard model release with them on the day

In that case just check the wording on your copy as that is most likely the only relevant factor..

katiemae

he basically said ...

The signed contract will most likely negate anything you claim the photographer might have said, as your signature signifies that you accept the terms of the contract.

Of course if the signed contract states that the image/s will only be used once in a single issue of the magazine, which is probably about as unlikely as Penelope Cruz parachuting into my back garden before sunset tonight and pledging her undying love for me, you might be able to convince them that they owe you something for breach of contract, but I doubt it.

Just look at the contract, which as you signed it you no doubt keep in a safe place as a record of the agreement reached, and all should be clear.

As for commercial value of the image, IPC Media do not value photographs of girls particularly highly as the market is awash with free content, but if your contract specifically prohibited them using the image more than once you might get a few quid out of them if they think you are going to go to the considerable expense of suing them for breach of contract.

Bob

Posted 14 March 2012
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