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Nude photos: Model warns about signing rights away

Author
NZ Herald, Lincoln Tan ,
Publish Date
Thu, 15 Mar 2018, 4:41PM

Nude photos: Model warns about signing rights away

Author
NZ Herald, Lincoln Tan ,
Publish Date
Thu, 15 Mar 2018, 4:41PM

A Takapuna businesswoman wanted to have nude photographs taken professionally for a personal memento.

However, Olga Ovsyannikova, 35, was shocked when she was asked by the photographer to sign a Advertising and Illustrative Photographers Association (AIPA) model release form giving him full permission to use the pictures in any way he wants.

She walked away from the shoot, and found another photographer - who did not require her to sign her rights away - to do the nude shoot, but said the incident left her feeling "vulnerable and used".

The association said it was "absolutely standard procedure" for models to sign a release form, but this has to be aligned with the model's expectations.

The Privacy Commission is warning people to read the fine print before signing any contract.

Ovsyannikova, an event organiser, was approached by the photographer on Facebook asking if she was interested in posing for a "beautiful edgy portrait".

The photographer said he was "currently working on creating extraordinary photos that tell a story an evoke emotions".

After a two-hour phone conversation, Ovsyannikova said they agreed to doing a series of artistic nude photographs in an arrangement where neither paid for each other's services.

"I wanted the photographs as a personal memento, and I thought he would be doing it just for his portfolio," she said.

The release form was emailed to Ovsyannikova, but she did not read the details until the day of the shoot.

"I was shocked when I was told that I had to sign a form to give someone else the right to do anything they want with my nude photos," she said.

"Even more shocked I was when I was told by the photographer that this is a standard consent form that all models had to sign."

The consent required her to give the photographer full permission "to use any photographs ... for any purpose whatsoever, including but not limited to, advertising, packaging, marketing, and promotion, for any product or service".

She spent about $500, including getting a spray tan, hair cut and professional make-up in preparation for the shoot.

"At that point, I felt used, vulnerable and pressured ... I had already spent all this money" Ovsyannikova said.

"It'll be my worst nightmare if my images ended up on some porn site or used to promote some escort service and there's nothing I can do about it."

Ovsyannikova spoke on the condition that the photographer was not named, but wanted to tell her story as a warning to other women to be wary of modelling contracts.

AIPA president Nick Tresidder said it was not unusual for a photographer to reach out on social media to suggest a shoot with a model.

He said this was referred to as "time for prints" or TFP in the industry.

"It is absolutely standard procedure that model releases be signed by model and photographer as a written agreement as to how the photos will be used by mutual agreement," Tresidder said.

"It is not standard procedure to present a model with a usage agreement that does not align with the model's expectation of how the photos would be used."

A Privacy Commission spokesman said the key to any contract is consent.

He said it was good that Ovsyannikova checked the terms and conditions first when asked to sign the consent form.

"If consent hasn't been given, then the photographs shouldn't be used if it is contrary to the wishes of the individual," the spokesman said.

"Our advice to individuals who face this kind of dilemma and who are not comfortable with the terms and conditions is to not give their consent."

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