As producers, do we need to account for models who “change their mind” and want their content deleted after a period of time? I have a deletion clause in my release agreement (attached) that says there is a minimum 6 month retention period before content can be deleted at the request of the model. This to me sort of defeats the purpose of holding on to a larger portfolio but shouldn’t we give the chance for a model to remove their content, or is this not needed?
After you worked hard to recruit the model, scheduled them for a shoot, paid them for there time, you took your time from the time you recruited the model to the end of filming to the editing and photoshop the photos…once the model gets paid, signed the release form…the model can’t come back and ask or demand that his/her footage comes down, that is the whole point of the release form.
As above. It isn’t really a model release if the model has a clause to ask you to remove it. It is also pretty worthless because the content would have been pirated, you would have sent images to affiliates to use and so on. Once it is out there, it is out there.
Agreed. and can you imagine the nightmare of contacting all the affiliates demanding to take the “model” footage down and then try to take down the pirated footage…the clause in that release form opens him up to lots of liability and stress on so many different levels and eventually no one will want to promote nor market the footage if you have constantly asking to be removed eventually going out of business all because of a simple clause in the release form, what a horrible clause in that release form.
If you’re going to have a deletion clause, which I believe is a bad idea, I’d attach a significant monetary fee for removing content. We’ve advised models in the past that $5,000 (per scene) is the minimum removal fee. They’re usually shocked that they’d need to pay significantly more than they were paid.
Like others have mentioned, this will not necessarily remove all content across the net, only from our site(s). To date, nobody has ever paid to have their content taken down.
We have talked numerous guys out of going forward with a shoot based on their concerns and/or career path. We’d rather not have the trouble of a remorseful or disgruntled model. Once the shoot is in the can, there’s really no going back…
would never include a deletion cause… it is bad enough that we agree to not publish in home territories as it is now almost unenforceable.
what would happen if someone activated your deletion clause and then found their video on a tube site? are you making yourself liable for damages like this?
No Way! We work too hard for that.
Very good point. I rather not film a model and/or talk a model out of doing this if they have any doubts about there footage being shown on the internet or if the model asks if they have to show there “face” and if they can wear a “hood”…I tell them NO, you can’t and if that is the case, why apply to become a porn mode. I’ve done this on a few occasions in my 18 years of doing this business. Because like you stated, once its in the can and up on the site, its a done deal.
And what’s to stop every model you ever shoot activating that clause? Your site would be closed within a year.
Thanks for everyone’s input. I removed the “deletion clause” from my agreement which after everyone’s feedback and a careful review it made no sense to include it in the first place.
As an affiliate, I’ve had more than a couple of sites send out emails asking us to remove so-and-so pictures and videos. In some cases the models have bought back their content. As an affiliate I’ve also had at least one model harass me to remove his content threatening legal action etc., which I just go ahead and remove, it’s not worth the pain and suffering in dealing with these people.
So mwmalestudios, I would think it would be good to figure out what you think is fair compensation for all of your time and trouble, and included a clause or two outlining what happens if a model changes their mind. It would also be a good idea to include a paragraph outlining that even though a video is removed from your site, you have no way of removing it from the hundreds of sites and tubes who have also published it. In other words, it’ll never disappear and perhaps that’s enough to deter the model from “buying back” his content.