Forums > General Industry > Illegal use of Images/body

Photographer

commart

Posts: 6078

Hagerstown, Maryland, US

And, sorry Rogue for not checking your tile first: it looks like you've got a good enough entertainer and indie film history going.

Jan 10 06 11:07 am Link

Photographer

Chili

Posts: 5146

Brooklyn, New York, US

im not going to address the legality of the issue

now, this is certainly no knock on you, but who in the world would want to buy a 'toy' of your tits? i mean you are no one of any mass notoriety, as compared to a pamela anderson, or a brittany spears, etc. you're not even a 15 minutes of fame persona, so what moron would waste his time and money trying to sell 'your' tits on Ebay? cuz, people can go to any adult store and buy adult film star jenna jameson's rubber pussy and tits for crissakes, and again nothing personal, not for nothing, but IF i was in the fake rubber tits and pussy market i would choose jenna's over yours

now it sounds to me more like some sort of embarassment, revenge or personal issue.

are you leaving anything out of the story?

Jan 11 06 10:06 pm Link

Photographer

- null -

Posts: 4576

There are only 2 things you need to do.

1. Record EVERYTHING. Go to the websites. Save all the pages. Get copies and evidence of everything that is being sold, promoted and marketed.

2. Call a lawyer and meet with him/her and give the lawyer a CD with copes of all the webpages and a hard copy of your contract. Then, and only then, will you know what your options are.

Good luck.

Jan 11 06 10:21 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Chili wrote:
im not going to address the legality of the issue

now, this is certainly no knock on you, but who in the world would want to buy a 'toy' of your tits?

now it sounds to me more like some sort of embarassment, revenge or personal issue.
are you leaving anything out of the story?

It seems that the producer of the flick she was in is selling those castings as "movie memorabilia" and there is linkage between the prop and the movie marketing. There is a market for that stuff and it could be anybody's tits [or any other body part for that matter]

The bizarre thing is that this image, or one really similar to it, is being used for the promotion - and she is complaining about that too. But it is really, if she were to look, all over the friggen internet on horror movie genre based websites as well as right here on MM.

LINK TO IMAGE

Her whole whinge about the tits castings and the use of the image smacks of - I wasn't paid for that - sour grapes.

She's probably lucky it's not coffee mugs; wall posters; beer coasters and 3D mouse mats too. LOL

Studio36

Jan 12 06 12:16 am Link

Photographer

Dudley Watson

Posts: 1737

Roseburg, Oregon, US

Rogue wrote:
I have the FX artist that made the mold as well as cast and crew that know that it is me. He has also posted a nude picture of me as well as my full name on Ebay claiming they are mine.

Looks like the best way to find out if this is real, is to compare the mold to your breasts.  I volunteer to be the certifier! (I am a hands on specialist) (Details to be worked out upon acceptance of my voluminous gernerousity.)

Jan 12 06 02:06 am Link

Model

theda

Posts: 21719

New York, New York, US

studio36uk wrote:
Her whole whinge about the tits castings and the use of the image smacks of - I wasn't paid for that - sour grapes.

So even if this were the case, does she not have a right to seek fiurther renumeration if her body parts are being sold as memorabelia in defiance of the contract she signed?

How many people are happy about it when their likeness is exploited for the finanical gain of others without their consent and without compensation?

Her likeness is being used to sell a product against her wishes.  Does it matter if it's because she doesn't want molds of her breastss sold at all or just wants her cut?

Jan 12 06 10:53 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

theda wrote:
So even if this were the case, does she not have a right to seek fiurther renumeration if her body parts are being sold as memorabelia in defiance of the contract she signed?

"...in defiance of the contract..."   ???

THAT statement is in dispute. I have a sound idea of what rights she would have signed over when she appeared in the film and she hasn't seen fit to post that information here. I suspect, and with good reason, that she signed over a LOT more than a simple photography release.

theda wrote:
How many people are happy about it when their likeness is exploited for the finanical gain of others without their consent and without compensation?

Again, she implies that she WAS compensated to the extent of her contract. She never said she was working for free did she? Beyond that, even in ordinary photographs used commercially, the client is making tons more money than they are paying the model. The model IS compensated there, too, to the extent of their contract but you seem to imply that if they later don't like the amount of money the client is realising that they should have the right to renegotiate their compensation? GET REAL! If I pay a model for a shoot and pay her in full - then she signs a release - it doesn't matter from that point onward if I never sell one copy or if I sell a million copies. The model was paid and the rest is tough titties!

theda wrote:
Her likeness is being used to sell a product against her wishes.  Does it matter if it's because she doesn't want molds of her breastss sold at all or just wants her cut?

NO... The mould itself is not her property nor are the castings and I suspect that she has no rights to / in either - or - to prevent the sale of either - whether she likes it or not.

Studio36

Jan 12 06 03:33 pm Link

Photographer

Doug Jantz

Posts: 4025

Tulsa, Oklahoma, US

Legend wrote:
Hey there how are you .. I'm a personal trainer in NYC ... I have been training for 6 years.. and I'm looking for private clients hit me up if you know anyone that is intersted in my services ... i train alot of models and get to where they need to be ... and really cheap too...

Um, does this have something to do with the breasts being discussed??

Jan 12 06 03:40 pm Link

Photographer

Amelia G

Posts: 570

Los Angeles, California, US

Rogue wrote:
Hi All,
So here is my dilema... I finished a film recently where they had to cast a mold of my breasts for a special effect in the film. The producer is now trying to mass produce my breasts for sale as erotic wall art on Ebay. I told him I did not give my permission for this and it is not stated in my contract that his intent was to market, merchandise and mass produce my breasts for re-sale. I called him and told him i did not give my permission to this at all... and his intent was never stated in the contract. He agreed to take it down and cease selling them. Behind my back he contacted the FX artist and told him to continue pouring molds... what do y'all think??

Any info is greatly appreciated.

Your original release may or may not allow him to do this, but, if he promised you in writing to cease and desist, then your current agreement is that he won't do this.

Disclaimer:  I am not an attorney and you may want to consult one, but I'm pretty positive that a promise is a promise.

Jan 12 06 03:40 pm Link