Answering a Reader Question #716

Bru Marx Wrote:

 Hi,

 I booked a job in 2010 and the buyout stated this:

 Usage: Buyout- 18 months exclusivity

 So they paid me at the time. What I want to know is, after this 18 month usage, are they supposed to pay me more? I keep seeing my images to this date everywhere (was for a product sold in supermarkets). Please help me, let me know if I have money pending! hehehe thank you

Hey there, Bru Marx!

Is the product where your image appears, that you are still seeing long after the buyout term, the same image on the same product or does it appear on a different product and/or are they using a different image of you?

If it's the same photo appearing on the same product that they paid you the buyout for back in 2010 then they wouldn't technically owe you any further compensation because the usage of the image hasn't changed, even though it's past the time frame mentioned.

Now, you would be owed future compensation if they changed the way they used the image, such as on a website, magazine advertisement, things like that but if they're just continuing to use your image on their products as originally agreed upon then they don't owe you more money.

In general, a release form with a "buyout" situation attached means the client has purchased the rights to use the final images however they want, wherever they want (this is usually broken down in more detail in the release form) for as long as they want. The "exclusivity" mentioned means the images will only be used exclusively by their company. Although they mention the 18 month period, if they're not changing the way they use the image, then they're within their right to continue using it and you signed the release form with that understanding.

Do you remember what the clause actually said in regards to the buyout rate? Just focusing on the usage term may not be enough info for you to go on when trying to determine if they owe you money or not. Usually, the release form goes into great detail about what situations would/would not apply when it comes to future compensation to the model.

If you want to make 100% sure, then you'll want to refer to the release form you signed. Don't have a copy? Then inquire with your agent about the situation and see if they can get a firm answer for you. If you booked the gig without an agent and through your own means, see if you can get in touch with whoever your contact person was for that shoot. It would be perfectly fine to ask them what you asked me and to get any further clarification.

I hope that helps!

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