Posted by Joe K. Perez: 
So, I go and check on a couple of profiles of associations. I find that one model is being featured on the cover of an upcoming magazine. I'm like, "WAY COOL MIAN!". I get curious and click on the link to the Photographer/Magazine who is featuring her. I find a link to their web site. I visit. It's under construction and announcing it's due date. I'm like, "COOL!" Then, I see their web banner for their web site. One of the images is a shot from my photo shoot with the model. Still, I'm like, "Very cool man!".

But then, I start to thinking..."Hey, wait up. How come none of these guys hollered to let me know they were going to use the image? She's model released and it's copyrighted to me. What's up with that?!". That, and the fact that Model has been very silent for the last four months. No e-mail, no return phone call. Things seem shady.

Could it be the usual deal? Where Jerk-off A and Jerk-off B are telling her to disassociate and distance herself from me? Lol. Sounds ridiculous. Especially, when there is no reason to, i.e. no hitting on the model, no liquor at the shoot, no using images from other photographers without their permission like they did me *grin*. Know what I mean?

So, should am I wrong to expect some professional courtesy? Would you be pissed off, annoyed, disappointed, fawking upset...all of the above?

Definitely all of the above dude... your image got jacked, and from what you say, it sounds like you got put together by some smoothe operators.  My recommendation:  TAKE ACTION... contact an attorney!

Posted by Glamour Studio /Gary: 
Joe, I know so many photogs that had their so called friends that were also photogs bad mouth them to models and try to change the story or deny it when confronted. There's alot of those out there that will bad mouth and lie to a model to get them away from another photog. Much more common than you might think. More of an ego thing I believe.

Happens to me sometimes, just have to shake it off and keep striving. But in his case, I was lucky enough to have the model contact me about her mag cover, probably because I owned the high res version, lol.
I say contact her and the magazine. More than likely the mag doesn't know the full story (if at all) so they'll probably be willing to comply with your wishes.

Posted by Eric Fairchild: 
First off is the image in question registered with the copyright office?  If not your lawsuit is going to cost you more than what you will ever receive monetarily.

Joe:

I've had this happen several times... people using my images for banner use.

In most cases the process of getting the banner removed is simple and won't cost you a penny. Check out my post here: https://www.modelmayhem.com/posts.php?thread_id=2072

My blood boils when I see someone steal another persons property. I would be more than happy to lend you a hand in obtaining the proper information needed to initiate the removal process. You can email me here at MM or directly at [email protected]

Tomorrow is a holiday. But rest-assure you can have the banner removed by Tuesday!

Regards,
Martin Williams

Posted by Joe K. Perez: 
So, I go and check on a couple of profiles of associations. I find that one model is being featured on the cover of an upcoming magazine. I'm like, "WAY COOL MIAN!". I get curious and click on the link to the Photographer/Magazine who is featuring her. I find a link to their web site. I visit. It's under construction and announcing it's due date. I'm like, "COOL!" Then, I see their web banner for their web site. One of the images is a shot from my photo shoot with the model. Still, I'm like, "Very cool man!".

But then, I start to thinking..."Hey, wait up. How come none of these guys hollered to let me know they were going to use the image? She's model released and it's copyrighted to me. What's up with that?!". That, and the fact that Model has been very silent for the last four months. No e-mail, no return phone call. Things seem shady.

Could it be the usual deal? Where Jerk-off A and Jerk-off B are telling her to disassociate and distance herself from me? Lol. Sounds ridiculous. Especially, when there is no reason to, i.e. no hitting on the model, no liquor at the shoot, no using images from other photographers without their permission like they did me *grin*. Know what I mean?

So, am I wrong to expect some professional courtesy? Would you be pissed off, annoyed, disappointed, fawking upset...all of the above?

no liquor at the shoot????

awwww
no wonder shes pissed off! 

lol

no, but write them and ask for your name check and website info with the images

Posted by Joe K. Perez: 
So, I go and check on a couple of profiles of associations. I find that one model is being featured on the cover of an upcoming magazine. I'm like, "WAY COOL MIAN!". I get curious and click on the link to the Photographer/Magazine who is featuring her. I find a link to their web site. I visit. It's under construction and announcing it's due date. I'm like, "COOL!" Then, I see their web banner for their web site. One of the images is a shot from my photo shoot with the model. Still, I'm like, "Very cool man!".

But then, I start to thinking..."Hey, wait up. How come none of these guys hollered to let me know they were going to use the image? She's model released and it's copyrighted to me. What's up with that?!". That, and the fact that Model has been very silent for the last four months. No e-mail, no return phone call. Things seem shady.

Could it be the usual deal? Where Jerk-off A and Jerk-off B are telling her to disassociate and distance herself from me? Lol. Sounds ridiculous. Especially, when there is no reason to, i.e. no hitting on the model, no liquor at the shoot, no using images from other photographers without their permission like they did me *grin*. Know what I mean?

So, am I wrong to expect some professional courtesy? Would you be pissed off, annoyed, disappointed, fawking upset...all of the above?

Been there...nope you aren't wrong to be pissed...I was!

She is probably not contacting you due to feeling guilty or worried about what you are going to say.

I posted this somewhere else on Mayhem, but I had worked with a model and she listened to some guy who was "trying to help her".
One day I saw my image had been cut out of its original shot by someone...and pasted into a different background, blurred the hello out of it and pasted the name of the club and the upcoming events at the club over the top.

If they had asked first it would have been one thing. However...they were just going to use it without saying a word. I threatened to contact his boss etc. and made him put credits to me on the webpage and he ended up NOT using the flyers even though they were already printed.

I would have still been willing to let them use the flyers, but the guy was a real jerk about all of it.
The more we talked the more I wanted to strangle him!

Anyway, I feel your frustration...hang in there!...
Sometimes....people just suck!

Posted by Karlton: 
She is probably not contacting you due to feeling guilty or worried about what you are going to say.

She's new and I understand, but she should know I can play ball. The both of us submitted to FHM and Maxim and I had to sign a form that allowed them to publish my images without any photographer credit, and, if I recall, without my copyright symbol. Sucks I know, but I'm all for her getting exposure, hoping that some people might recognize my work.

Anyway, I've got a dialog going on with a guy from that e-zine. I'm hoping it becomes a win-win situation for everyone involved.

Posted by Lisa Fortier: 
If only everyone had professional courtesy.  You have rights and you should exercise them.   

Posted by Joe K. Perez: 
So, I go and check on a couple of profiles of associations. I find that one model is being featured on the cover of an upcoming magazine. I'm like, "WAY COOL MIAN!". I get curious and click on the link to the Photographer/Magazine who is featuring her. I find a link to their web site. I visit. It's under construction and announcing it's due date. I'm like, "COOL!" Then, I see their web banner for their web site. One of the images is a shot from my photo shoot with the model. Still, I'm like, "Very cool man!".

But then, I start to thinking..."Hey, wait up. How come none of these guys hollered to let me know they were going to use the image? She's model released and it's copyrighted to me. What's up with that?!". That, and the fact that Model has been very silent for the last four months. No e-mail, no return phone call. Things seem shady.

Could it be the usual deal? Where Jerk-off A and Jerk-off B are telling her to disassociate and distance herself from me? Lol. Sounds ridiculous. Especially, when there is no reason to, i.e. no hitting on the model, no liquor at the shoot, no using images from other photographers without their permission like they did me *grin*. Know what I mean?

So, am I wrong to expect some professional courtesy? Would you be pissed off, annoyed, disappointed, fawking upset...all of the above?

First words of wisdom for you....Attorney. Don't be lead to thinking you should let this side....the more you let slide the more you will be taken. Business is business....don't take it personally.

Posted by Alex Alexander: 

Posted by Joe K. Perez: 
So, I go and check on a couple of profiles of associations. I find that one model is being featured on the cover of an upcoming magazine. I'm like, "WAY COOL MIAN!". I get curious and click on the link to the Photographer/Magazine who is featuring her. I find a link to their web site. I visit. It's under construction and announcing it's due date. I'm like, "COOL!" Then, I see their web banner for their web site. One of the images is a shot from my photo shoot with the model. Still, I'm like, "Very cool man!".

But then, I start to thinking..."Hey, wait up. How come none of these guys hollered to let me know they were going to use the image? She's model released and it's copyrighted to me. What's up with that?!". That, and the fact that Model has been very silent for the last four months. No e-mail, no return phone call. Things seem shady.

Could it be the usual deal? Where Jerk-off A and Jerk-off B are telling her to disassociate and distance herself from me? Lol. Sounds ridiculous. Especially, when there is no reason to, i.e. no hitting on the model, no liquor at the shoot, no using images from other photographers without their permission like they did me *grin*. Know what I mean?

So, am I wrong to expect some professional courtesy? Would you be pissed off, annoyed, disappointed, fawking upset...all of the above?

First words of wisdom for you....Attorney. Don't be lead to thinking you should let this side....the more you let slide the more you will be taken. Business is business....don't take it personally.

I read you loud and clear Alex. I waited this long on purpose to see how this would pan out and today, I was struck with a very big surprise, which led me to create this new post.

I have my ways aside from the legal system. I know the system is there waiting for me to say the word. It's not time yet. Since the time I first made this post, the e-zine immediately removed the web banner and the site's launch has been delayed. Also, I got notification that the model in question has decided not to use my images. And, the e-zine itself has offered me Ad space in consolation for their mistake, in addition to having woo'ed the model out from underneath my feet and now listing her as "managed" on his omp portfolio.

I find my models using nothing but pure personality, courtesy and honesty. No smooth talking. Guys like this unnamed photographer who is affiliated with this e-zine, finds his models through promise-of-fame bullshit and obvious deceit. I feel like the farmer who is outwitted by the hungry fox who raped and pillaged the henhouse. Except, I don't feel bad for the hen who was eaten, because I knew at one time, she resented feeling cooped up in a "perceived" henhouse sitting behind a gated fence, not knowing, the fence is there for a reason.

The Fox will learn a valuable lesson too about a Model who behaves like this Hen. Especially, when this Hen realizes the Fox for what it is. Nothing, but a sly Fox.

Posted by Alex Alexander: 

First words of wisdom for you....Attorney.

An attorney, contrary to jumping up and down screaming thought, is a last resort, not first.

When confronted with situations like this it is best to act within reason and open communication (with the other party) to seek resolution.  Be calm, be sincere and work to understand their position, but work harder to have them understand yours.

Use legal options when all else fails.  Legal involvement from the beginning closes both communication and what could be a future business relationship as you will be advised that all communication should be made through the attorney and not directly to the other party. 

Those in the legal profession commonly think in terms of winning.  While that is all well and good, victories can come at a high price as they may come back to haunt in the future.

Perhaps by calling attention to their honest mistake in not seeking out image compliance, they will accept that as part of the learning curve and welcome you as a future source which could pay much greater dividend down the road.