Legal Question in Intellectual Property in Illinois
Intellectual Property
I had a photoshoot recently with a local amateur photographer. I styled my hair, did my make-up, chose the wardrobe, chose the setting, directed my own poses, and did the retouching and final photo design. I signed a model release giving the photographer general permission to use the photographs mentioning a fee of $100. He is now claiming intellectual copyright and refuses to allow me to use my own image in product sales. I have explained to him that in no way did I assign exclusive rights to him for $100 and the contract does not state that he has anything other than general usage rights. I have not received payment, he now refuses payment, and I would like to revoke his right to use my images. He is in breach of contract due to lack of payment and I put far more than $100 worth of work into my pictures, so I just want to remove his rights and retain my intellectual property. What can I do in this situation?
1 Answer from Attorneys
Re: Intellectual Property
Without seeing the release I cannot completely answer your question. However, I can tell you that the photographer has the copyright in the photograph, regardless of whether he has paid you or not, and can control its use by you and others unless the release specifically states otherwise.
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