None of this matters if he doesn't have rights to the pictures. He DOES NOT
have a model release.

He needs to call her up and ask her to sign a model release so that he can
sue her.

Tom P.

"Al Denelsbeck" wrote in message
. 7...
(mp) wrote in
om:

snip
In any case, does anyone have a reference
that I could cite in court that $1500 each is accepted in the
professional world? The judge won't just take my word for it. I need
a book, court case, etc. (I was thinking maybe a ASMP book might have
it-going to library later...)

ASMP is the place to look, try specifically under the name Michael D.
Remer (AMSP legal counsel) and the term 'valuation' or perhaps
'replacement
value'. Referring to one of my books "Pricing Photography: The Complete
Guide to Assignment and Stock Prices", this amount has been upheld
numerous
times before, but may hinge on technical excellence, selective eye of the
photographer, prestige and earning level, uniqueness of subject matter,
established sales or use prices, group value of individual images, and
frequency of acceptance by users.

From what you've said, you might have a hard time establishing any of
these, but you can certainly make a case for the slides representing time
and effort lost, damage to portfolio, setbacks in professional
advancement,
etc. You can potentially build your values around your business plans to
do
this professionally, by demonstrating that you are seriously on the path
to
doing this for regular income, and not just 'screwing around with a
camera'
or pipe-dreaming. Since the photography of women is probably the most
abused area of photography, be ready to make it look good.

Remember that there's always multiple ways to say something ("spin").
Instead of saying anything like "She was my second model", point out
instead that this was the only model where you had used such-and-such
lighting or technique, and your portfolio suffers from the loss of the
variety and skills this represented. Also, you may want to establish that
you are unconcerned about the purported monetary value, you'll be happy
with the slides, but no one can be expected to take the matter seriously
without a value attached. Naturally, should it go to court, you will also
want at least the court fees covered, and you can be willing to settle for
those and the return of the undamaged slides (this is vaguely related to
haggling - aim high, and come down to your 'acceptable' level, and
everyone's happy).

Good luck with it!

- Al.

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