derechos autor

assignment of image usage rights

The PHOTOGRAPHER will conduct a nude photography session with the MODEL, in accordance with the conditions, locations, schedules, and prices previously agreed upon by both parties. The session will take place at the agreed-upon locations and for the agreed-upon duration, in an environment of respect and professionalism, with the aim of creating photographic works of an artistic nature.

The MODEL expressly authorizes the PHOTOGRAPHER to perform editing and digital processing on the images obtained, in order to enhance their aesthetic value, without altering their dignity or distorting the artistic nature of the work.

The MODEL grants the PHOTOGRAPHER, on an exclusive and indefinite basis, all rights to use the images contained in the photographs resulting from the session, for artistic and promotional purposes of the author. This grant includes authorization for reproduction, distribution, public communication, and transformation of the images in any format or medium, current or future, including:

  • Digital media
  • Social networks
  • Exhibitions
  • Competitions
  • Catalogues
  • Books
  • Web pages
  • Fairs
  • Promotional material
  • Other analogous channels

This authorization will remain valid as long as the works retain their artistic or promotional purpose. The MODEL may request in writing the revocation or limitation of certain uses, provided there are legitimate and reasonable grounds, without prejudice to the rights acquired by the PHOTOGRAPHER up to that point.

The MODEL may not disclose, reproduce, or use the photographs taken without the express and prior authorization of the PHOTOGRAPHER, the copyright holder of the work.

The original photographs, as well as memory cards, digital files, and other media, will remain the exclusive property of the PHOTOGRAPHER, who will retain the rights to exploit and indefinitely safeguard the work.

In compliance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018, the MODEL is informed that the personal data and images collected through this session will be processed by the PHOTOGRAPHER, whose purpose is the creation, editing, and dissemination of photographic works of an artistic nature. The MODEL may exercise their rights of access, rectification, erasure, objection, restriction, and portability by writing to the data controller at the address provided at the beginning of the contract.

The PHOTOGRAPHER undertakes not to use the images for illicit, commercial, or advertising purposes outside the authorized artistic and promotional scope. The MODEL declares that they give their consent freely, specifically, and with full knowledge of the authorized uses.

This agreement shall be governed by Spanish law, in particular the provisions of the Intellectual Property Law, Organic Law 1/1982, Organic Law 3/2018, and any other complementary regulations, with the parties submitting to the jurisdiction of the courts and tribunals of the PHOTOGRAPHER’s domicile, unless otherwise required by law.

dissemination and delivery of images to the model

In the event that the delivery of edited images to the MODEL has been agreed, such delivery shall be understood as part of the financial agreement between the parties and may, as appropriate, be considered as partial compensation in kind or a discount on the total price of the photographic service. The images delivered are granted exclusively for the personal and private use of the MODEL, with any commercial, advertising, promotional or direct or indirect economic exploitation use expressly prohibited, as well as any assignment, sale, redistribution or publication to third parties, unless prior, express and written authorization from the PHOTOGRAPHER is obtained. The use of the images on artificial intelligence platforms, databases, image banks, third-party portfolios, agencies, castings, NFTs or any system for training, generating or automatically redistributing content is also prohibited.

  • The MODEL is authorized to share the images only on their personal social media, and exclusively on their own profile, provided that the following conditions are strictly respected:
  • The photographs must remain intact and unaltered, with any modification prohibited, including cropping, reframing, format changes, color editing, filters, retouching, text, titles, stickers or any other element that alters the original work.
  • The PHOTOGRAPHER’s signature or watermark must remain visible when present in the image.

Any publication must include a clear, visible and permanent mention of the PHOTOGRAPHER as the author of the work, without abbreviations that hinder identification.

In accordance with Royal Legislative Decree 1/1996 of April 12, approving the Consolidated Text of the Intellectual Property Law, the PHOTOGRAPHER retains at all times authorship and exclusive ownership of the moral and patrimonial rights over the images, and the delivery of files does not imply the transfer of exploitation rights beyond what is expressly agreed in writing. The MODEL undertakes to respect the integrity of the work and the recognition of authorship, committing not to make or authorize any modifications, transformations or uses not contemplated in this agreement.

Failure to comply with the provisions herein, including omitting the author credit, removing the signature or watermark, altering the images, using them in unauthorized environments or assigning them to third parties, shall constitute a serious breach of contract and a violation of intellectual property rights, which may result in the immediate removal of the content from any platform or medium, as well as claims for damages and losses, including lost profits and reputational harm.

In authorized uses, the PHOTOGRAPHER must be attributed clearly, visibly and unequivocally on social media by mentioning or tagging the author in the content and its description, in press or media by including the PHOTOGRAPHER’s name alongside the image or in editorial credits, and on websites, catalogs or other media by including it in the caption or in the corresponding credits section.


confidentiality and exclusivity of locations and concept

In the sessions with exclusive locations, the model will be previously informed of their confidential nature and commits to comply with the following clause:

The model acknowledges that the locations used during the session are part of the photographer's creative process and professional work, constituting a value of their own activity.

As a result, the model commits to:

1. Confidentiality

  • Not to disclose, share, tag, geolocate or provide to third parties any information that allows the identification of the locations used.

2. Use with third parties

  • Not to carry out photographic sessions in these locations with other photographers or third parties, nor to reproduce, in whole or in part, the concept developed, while these locations are an active part of the photographer's work or portfolio.

3. Duration

  • This obligation will remain in force as long as the photographer has a legitimate interest in protecting these locations and the associated creative work.

4. Breach

  • Breach of this clause may result in the loss of rights to use the images and, where applicable, a claim for damages.

clarification note on model compensation

Michel Genève handles the payment for the models once the photo session is completed.

No advance payment will be made for the session fee. Only previously agreed extraordinary expenses, such as travel, meals, or other specific costs, may be reimbursed, provided they are expressly stated in the prior communication with the photographer, usually via WhatsApp.

Payment to the model will only be made if the rights assignment agreement has been signed using the corresponding online form, which requires the model to upload a photograph of their ID. This ensures the authenticity of the signature and confirms that both parties accept the terms of use and dissemination of the images.

This policy ensures clarity, transparency, and legal security, maintaining professionalism and respect in all collaborations.

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