How do I ensure that my photographer does not use/publish my photos.

2 years 2 months ago #16 by urmi_alter
I want to have a photoshoot but want it to be private, meaning only I need to have the photos and do not want it anyone else to see it.
How can I make sure only I have the images ?

Basically have something that I want to try but am scared of consequence. heard you are trustworthy from a friend, hope you can suggest something

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2 years 2 months ago #17 by GiZmO
easy answer THERE IS NO WAY.

but let me explain a bit of what the law says and what are some (well known) practices followed to sort of make it possible.
  1. The photographer always holds the copyright to the images from your shoot and this is very clear in the copyright laws
  2. "Model Release" its hardly followed in retail photography in India (assuming since I live and you say a friend mentioned) but is the norm in commercial photography work
  3. point-1 means your photos are at the mercy of the photographer BUT he can only use for his own promotion  / portfolio, A PHOTGRAPHER CANNOT SELL YOUR PHOTO to brands/magazines etc unless you give permission (basically tat piece of document is called model release)
  4. So (you and photographer) sign up a Model Release (google for sample / draft) - Basically you give a signed letter to the photographer saying what the image can be used for and he also signs and gives you a copy.
  5. If privacy is a big concern (like for risqué shoots) do consider signing a NDA (a non disclosure agreement similar to ones you sign when you join a workplace but this ones lists out what the photographer can / cannot do including ever mentioning having ever worked with /photographing you). This is not by default - so sign this even before/at the time of hiring a photographer.
  6. Remember we photographers require photographs to build and continuously showcase our talent and you will also have to pay more you do not want the photographer the images ourselves (but nothing stops us photographers from keeping a copy of our work, at the very least NDA means we need to take extra precautions while storing images)
The above points/agreements only make it legally binding for the photographer (and people along his entire workflow like editors, assistants etc) to maintain secrecy. 

Also do not forget to ask the photographer as to who edits the photos, the backups involved and who has access to data and safeguards that are followed since they can be a source of leaks.
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2 years 2 months ago #18 by urmi_alter
Do you have a sample of model release and nda or what needs to be in it?

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2 years 2 months ago #19 by GiZmO
Have some sample release forms, the limited release is a template that I still need to get verified by a lawyer but kind of lists out the various cases and has some spaces to elaborate / add to the ones already existing there.

Hope this helps.

Regarding NDA it's better to be specific and sign one as you start your discussions of hiring a photographer / discussions of a mood board

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