Ok so I need a bit of help with Photographer/Artist Rights.
Basically, for the past year, my girlfriend has helped model for me for pictures as I build my portfolio. Sometimes we set up a whole shoot, other times I just snap pictures while we are out in a cool location. I usually post these photos, along with others that I take, on various sites like Facebook, Flickr, etc and I use my logo, which is very visible on the side.
About 6 months ago, she started singing for a small record label and I noticed that they used photos of mine in promotional videos and stuff. Some of them didn't have my logo because she had put up the proofs on Facebook. So after this, I spoke to her and she took them down and only posted photos with the logo on it, because a fan had printed out a photo and used it to get her autograph.
Now, she spoke to her agent and he agreed to give me credit whenever he uses my images in a video, and he has. However, he requested to my girlfriend that she get and give him the original file of a photo so that he could use it as an album cover that he is planning to sell. Obviously, I spoke up and told her, even in conversations prior to this, that I would need to be paid for the photos if they are planning to make money off of them. But now, when I told her that I was writing up a contract, his response was "F--- it, I'll get someone else," and she is upset because I should be giving them away for free.
Now, I understand that I can do the favor to her, as my girlfriend. However, that doesn't change the fact that he''s been going on her facebook and mine to take photos, with my logo, and has used them without permission. She is going to speak to him today about it, but I'm concerned that he will try to make it so that I can never take a photo of her because by doing so, that's me trying to make money off of her. I also don't know if I should try to take legal action in the event that he does not respect my request.
I just don't think it's fair or legal that he is trying to profit over work that he took off of someone's page. And after checking Facebook's copyright agreements, that is in fact illegal, and I still want to sign a contract in the event that he violates the agreement we make, regardless of whether or not there is a payment made.