Photographed and Hate the Images? What You Can Do as a Model
What to do if photos of you are being used in ways you never agreed to, and why most models are more exposed than they realise.
I photograph a lot of models, and something happened recently that made me realise how little we actually talk about this.
I sent a model a contract before a shoot.
It freaked her out.
Nothing in it was unusual. It explained what we were making, what I could do with the photographs, what she could approve, how the work would be sold and what rights she kept.
But seeing it all written down made the shoot feel much more serious.
I completely understood why. Most models I know have done plenty of shoots where none of that was discussed at all.
They agree on a time. They turn up. They shoot for a few hours. The photographer sends some photos. Maybe they get posted to Instagram.
No contract. No model release. No conversation about copyright. Nothing about whether the photographer can sell the images, license them, put them behind a paywall or use them years later.
And because nothing has gone wrong yet, everyone assumes the arrangement must be fine.
The short version
Saying yes to a shoot is a bigger decision than it feels like.
When nothing is written down, you haven't kept more control. In a lot of cases you've kept less. In Australia, the photographer generally owns the photographs. There's no automatic right that lets you decide where a photo of you ends up. And once an image is out there, getting it back is slow, stressful and sometimes impossible.
The contract shouldn’t be the risky part. It’s the ones with no contracts that are..
Oh dear, the shoot’s already happened
If you're reading this because images of you are already out there and you hate them, start here.
Save evidence first. Take screenshots showing the image, the URL, the account name and the date. Save your messages with the photographer. Do this before you ask for anything to be removed, because content can disappear quickly.
Ask in writing. Keep it calm and specific: which images, where they are, and that you don't want them used that way. Many situations end here. Most photographers will take something down if you ask clearly.
Report it to the platform. Instagram and most other platforms have reporting tools for intimate images, privacy, impersonation and harassment.
If it's an intimate image, report it to eSafety. It can help get the content removed and can take action against the person responsible. You can also go to the police. Sharing an intimate image without consent is a crime in every Australian state and territory. (eSafety)
If you're with an agency, tell them. It's part of what they're there for.
If it's being used commercially, or it's damaging you, get legal advice. Depending on the situation, consumer law, defamation or Australia's new privacy tort might apply (see the FAQ). Community legal centres and Legal Aid are good places to start if cost is a worry.
If the person using the images is a partner, an ex or someone you feel unsafe around, talk to 1800RESPECT or the police before you ask for removal.
The difficult part is what comes next. For ordinary, non-intimate images with no agreement in place, the photographer may be fully within their rights to keep using them. Not because it's fair, but because nobody wrote anything down. The rest of this article is about making sure that's never the position you're in again.
What "yes" can actually cost you
When people think about the cost of a shoot, they think about the morning they gave up, or the petrol to get there.
The real cost tends to show up later.
Control over where the images go. A portfolio test ends up in an ad, on a stock site, in a paid publication or in someone else's book.
Money. Someone else earns from your image and you see none of it.
Your next job. You get signed or start booking brands, and old images resurface that don't fit where your career is going.
Your consent. You agreed to be photographed. You didn't necessarily agree to every place those photographs might go.
Time and stress. Trying to get images taken down after the fact means emails, reports, screenshots, and sometimes lawyers. It's far harder than asking one question before the shoot.
None of this means every photographer is out to take advantage of you. Most aren't. But "they seemed nice" isn't an agreement.
"TFP" is not a usage agreement
This is the most important part of this article, and I think it's where a huge number of young models are working without realising there's a gap.
Someone says, "Let's shoot TFP."
Everyone thinks they know what that means. Usually it means nobody is paying anyone and both people get images for their portfolios.
But what does it say about usage?
Can the photographer publish them? Can you?
Can either of you submit them to a magazine?
Can the photographer sell prints?
Can they put the full shoot on Patreon?
Can a clothing brand repost them?
Can they license them commercially later?
Can they enter them into competitions or put them in a book?
Can they edit them, or feed them into AI?
"TFP" doesn't answer any of those questions.
It describes an exchange, time for prints. It doesn't define the rights attached to the photographs.
Here's how that plays out. You shoot a "TFP" with someone you met online. A year later, one of the frames is on a brand's Instagram, or in a paid zine, or listed for sale as a print. You message the photographer. They tell you they own the copyright and you agreed to shoot. On the narrow question of copyright, they're probably right. You've got a DM thread that says "can't wait to see them" and nothing else.
That's the gap. It doesn't matter much while the images are just sitting in a portfolio. It matters a lot once they become valuable to someone.
Who actually owns the photos
In Australia, the person who takes the photograph generally owns the copyright in it. There are some exceptions, and both people can agree otherwise in writing. (Arts Law Centre of Australia)
Being the person in the photograph doesn't give you copyright in it.
And there's no general Australian "image right" that automatically gives you control over every photograph of your face or body. Arts Law puts it plainly: "Australia has no specific law aimed at preventing the unauthorised use of your image." (Arts Law, Unauthorised use of your image)
You aren't without protection. Depending on how an image is used, defamation, consumer law (if it implies you endorse something), privacy law and the laws on intimate images can all come into play. More on that in the FAQ. But the starting position is nowhere near as simple as "they need my permission because it's a photo of me".
That's why written agreements matter. A photographer doesn't need a piece of paper giving them unlimited power. Both people need to know where the line is.
Why agencies use releases
Once you start working with established agencies, you'll notice something different. There's paperwork.
The agency might have its own agreement. It might ask the photographer to sign conditions before a test. There might be limits on publication, commercial use, nudity, third-party licensing, or where the images can appear.
That isn't bureaucracy for the sake of it. It's the agency protecting its talent.
An agency doesn't want to find out six months later that photographs from what everyone thought was a portfolio test are now advertising a product. And you probably don't either.
It works the other way too. Stock libraries like Adobe Stock won't accept an image of a recognisable person without a signed model release. (Adobe Stock) The serious end of the industry already treats your consent as something that needs to be written down.
The more intimate the photograph, the more this matters
There's a huge difference between a portrait and an intimate image.
Someone agreeing to stand nude in front of your camera has not given blanket permission for those photographs to go anywhere.
In NSW, consent to an intimate image being recorded and consent to it being distributed are treated separately. Agreeing to one kind of distribution, or to one person seeing it, doesn't count as agreeing to another. (Crimes Act 1900 (NSW) s 91O)
The eSafety Commissioner makes the same point. Sharing an intimate image with one person doesn't give them permission to share it with anyone else. (eSafety)
So when nudity is involved, "she knew I was taking the photo" is nowhere near enough of a conversation. Before the photographs are made, you should understand:
Where is it going?
Who can see it?
Is it public, or behind a paywall?
Is money being made from it?
Can it be reposted anywhere else?
Paid work changes the conversation again
This is directly relevant to the work I make.
I sell photography. Some of it is distributed through Patreon, and some of my shoots contain nudity.
That means I have an obligation to be very clear with the person I'm photographing about what the project actually is. A model shouldn't find out after the fact that photographs she thought were going into my portfolio are now part of a paid publication. That's an entirely different proposition.
Patreon requires creators of 18+ work to get written consent from every real person featured in it, and to keep that consent on record. (Patreon)
For my work, that consent is a contract. It says the model approves every image before it is published, and they earn money from their published images. If I'm asking someone to be part of something that will be sold, I'd much rather hand her a contract that feels slightly intimidating than rely on a vague Instagram conversation and hope we both remember it the same way six months later.
A contract can give you rights too
Models sometimes see a contract and immediately think, "What am I giving away?"
That's a completely reasonable question. But the next one should be: "What am I getting in writing?"
A good agreement restricts the photographer as well. It can say:
you get final approval on what images are published
there's no commercial licensing
no AI training or synthetic images
images can't be sold to third parties
exactly where they can be published
how takedown requests work
what you're paid
whether your approval ever expires
Without an agreement, some of those protections exist only as a DM saying, "Yeah of course, I'd never post anything you hate."
That might come from a completely decent person. It still isn't the same thing.
What to ask before every shoot
Before you shoot with someone, especially someone you don't know well, you should understand:
Who owns the photographs?
Where can they be posted?
Are they being sold?
Is any commercial use allowed?
Can anyone else license them?
Do you approve the final images?
Does that approval cover publication, or only retouching?
What happens with nude or intimate photographs?
Can the images be altered or used with AI?
Can either of you withdraw from the agreement later?
You don't need a lawyer for every unpaid test. But you should know what you're agreeing to.
If a photographer thinks those are unreasonable questions, pay attention to that.
The contract didn't ruin the shoot
The shoot that prompted this article won’t happen.
After I sent the paperwork, I could tell the model wasn't completely comfortable. It was last minute, and the timing alone put some pressure on her. I didn't want her walking into a shoot feeling she'd already said yes and couldn't back out.
So I cancelled it. No drama. No anger.
I'd much rather someone read my agreement, realise the project isn't right for them and say no before I take a single photograph.
What I found interesting was that the contract seemed scarier than doing the shoot without one.
That's backwards.
The paperwork was the first moment all the invisible assumptions became visible. That's exactly what it's supposed to do. A contract shouldn't exist to trick anyone into giving up their rights. It should make sure both people understand exactly what happens after the shutter is pressed.
FAQ: questions models ask me
I'm a photographer, not a lawyer. This is general information based on Australian law, with NSW detail where noted, and laws differ between states. If something is serious, get proper legal advice.
Can a photographer who shoots me sell my image?
Often, yes. If they own the copyright, which they usually do, they can generally sell prints, publish the images or put them behind a paywall unless you've agreed otherwise in writing.
There are limits. Selling an image in a way that suggests you endorse a product can raise consumer-law issues. Defamation can apply if the context damages your reputation. Intimate images have their own rules (see below). And reputable stock libraries won't take images of recognisable people without a model release.
But if you want to stop your image being sold, the only reliable way is to agree on it in writing before the shoot.
Can they post photos I'm not comfortable with?
For everyday, non-intimate images with no agreement in place, a photographer can often post them legally, even if you don't love them. That's exactly why an approval clause matters.
Intimate images are different. Sharing an intimate image of you without your consent is a criminal offence in NSW and every other Australian state and territory, and eSafety can order it taken down. "Intimate" covers nude or partly nude images and images of private activity. It also covers images of you without religious or cultural clothing you'd normally wear in public, and altered or deepfake images made to look like you. (eSafety)
Either way, start by asking. Most photographers will take something down if you ask clearly and early.
A photographer is using images of me without my consent. What can I do?
Follow the steps in "If it's already happened" near the top of this article: save evidence, ask in writing, report it to the platform, go to eSafety or the police if it's an intimate image, tell your agency, and get legal advice if it's commercial or damaging.
One extra point: if the person is a partner, an ex or someone you feel unsafe around, get support before you ask for removal. eSafety warns that some people react badly when content is taken down.
Isn't there a new privacy law now?
Yes. Since 10 June 2025, Australians can sue for a serious invasion of privacy, including misuse of information about them. To succeed you need to show you had a reasonable expectation of privacy, and that the public interest in protecting it outweighs any public interest on the other side. There are strict time limits: generally one year from when you found out, or three years from when it happened, whichever comes first. (OAIC)
It's a real option for serious cases, but it means going to court, so it's not a quick fix.
We shot TFP. Does that mean I can use the photos however I want?
No. TFP usually means you can use the images for your own portfolio and socials, with credit. It doesn't automatically let you sell them, give them to a brand or license them, because the photographer generally holds the copyright. The same gap that protects you can also restrict you.
I paid the photographer. Do I own the photos?
Not necessarily. Paying for a shoot doesn't automatically transfer copyright. There's an exception for photos commissioned for private or domestic purposes, like a family portrait or a wedding, where the person paying can own the copyright. A portfolio shoot for work may not count as private or domestic. If owning the images matters to you, get it in writing. (Arts Law)
Can a brand repost photos of me from a shoot?
They need the photographer's permission because of copyright, and a good brand will want yours too. If you're shooting for a brand, the usage should be agreed upon with you or with your agency before the shoot. If you see a brand using images of you in an ad you never agreed to, that's worth raising quickly.
Can a photographer edit my images or use them with AI?
The copyright holder can generally edit their own images unless an agreement says otherwise. That's why "no AI training or synthetic images" and "no significant alteration without approval" are worth putting in writing.
For sexual material, there's a hard line. Sharing sexually explicit deepfakes of a real adult without consent is a Commonwealth criminal offence, punishable by up to six years in prison. (Criminal Code Amendment (Deepfake Sexual Material) Act 2024)
Is a DM or a text message a contract?
Messages can be evidence of what you agreed. But "yeah of course" isn't the same as a clear agreement about usage, approval and payment. If something matters, write it down properly, even if it's a one-page email you both reply "agreed" to.
Can I say no after I've seen the contract?
Yes. That's the whole point of seeing it before the shoot. A good photographer would rather you say no than turn up unsure. You can also ask for changes: remove commercial use, add approval, cap the time period.
I've already signed something. Can I change it?
Read it again and ask for a copy if you don't have one. Most agreements can be changed if both people agree in writing. If something in it worries you, raise it now, not after the images are out.
What if I'm under 18?
Any agreement should be signed by a parent or guardian, and nude or intimate imagery of anyone under 18 is illegal, full stop. If a photographer suggests otherwise, walk away and report it.
How long does my approval last?
As long as the agreement says. If it doesn't say, that's the problem. Ask whether approval applies to every future use or only the first publication.
Where to get help
eSafety Commissioner: report image-based abuse, including deepfakes, at esafety.gov.au
Police: distributing intimate images without consent is a crime in every state and territory
1800RESPECT: if the person is a partner, ex or someone you feel unsafe around
Arts Law Centre of Australia: free information sheets on copyright and image use at artslaw.com.au
Community legal centres and Legal Aid: free or low-cost legal advice
Your agency: if you're represented, they should be your first call
This article is general information, not legal advice.
