|
Forums >
General Industry >
Misleading photos that look like me nude,Help?!?!?
I'm having a weird issue here,and I thought maybe somebody on here can help me. First off I don't do any kind of nude or topless modeling.I have nothing against it,but it's just not something I feel "right" about doing.Several younger girls in the alt model scene,look up to girls like myself and Darlin Grave/Barb because we don't do topless or nude modeling. Anyhoo most of you can see from my icon photo what I look like,and I'm known for that "look". I then come across this pic http://viewmorepics.myspace.com/index.c … 7E66590349 and this one,which looks even more like me because of the eyes. http://music.download.com/fail/3600-836 … g=quickurl As you can see the woman is totally naked,and "spread eagle",it was obviously a "porn" style pic with just some gore and things barely photoshoped over the privates and breast. I talked to the person who has done this,and they said they "liked my work" so I know they were aware of me and what I looked like before they did this photo. So it's sort of debritly misleading,and makes me really uncomfortable. As a artist I know if somebody where to copy one of my dolls,a bit to much to where it was deliberately misleading I could take legal action,but I have no clue if anything can be done about somebody basically doing it with ME.I don't want to be a a**hole about it,but I also don't want some like 14 year old girl that likes my work to see that and think,I'm talking porn style pic's. Any help or advice would be greatly appreciated. Mar 05 06 05:28 pm Link Ugly Shyla wrote: Unless you register your face as a trade mark, there's nothing wrong with what they did. Mar 05 06 05:38 pm Link Unfortunately, you can't do anything about it but explain why you dislike the picture to the person who did it and hope that they feel bad about it and take it down. Look at people like Britney Spears, George Bush, Angelina Jolie, hell, even Saddam Hussein...how many Photoshopped pictures of them are all over the internet? Famous people have to deal with that kinda shit. You can go to, for example, the Rolling Stones' official website, get a picture of Mick Jagger, and put his head on an ape's body. Stupid, yes. Illegal, no. Look at it this way...someone thought you were hot enough to want to see you with your legs wide open (even though they seem to have a weird fetish for gore.) The only way I can think of that you might be able to fight the person who did this is to contact the photographer who took the picture and have him threaten to sue for copyright violations. The guy obviously took a picture of you that someone else took and used part of it with no accreditation to the photographer. Maybe that will work? I'm sorry for the frustration, I would be horrified if someone did that to me too. I hope it all works out for you. Mar 05 06 05:45 pm Link I see a dozen dyed black hair with heavy mascara and whoteface a day so I doubt you can or should even try to 'do' anything about it. If your name was used then you might have a case but in this case, by looking at the image and your images, while yes-there is a resemblance to you and about 500 million others with the look I can't see you having any claims on it. I did a shoot with a girl with the whiteface, dyed hair and too much mascara then destroyed half her face, added pointed teeth and a glowing eye but I do not expect to get accosted by a vampire demanding I remove it because it vaguely resembles them. Mar 05 06 05:48 pm Link Imitation is flattery! Your images are probably plastered all over Japan or Europe by now. Try tracking them down! Mar 05 06 05:50 pm Link I don't think you can do anything about it unless the person is claiming or suggesting to be YOU. Just looking like you isn't illegal. At the same time however, you have nothing to worry about. Your style of pictures is MUCH better. Mar 05 06 05:55 pm Link Unless they are actually ussing an image of you without permission pretty blue hair dont count as defaming you. Most you could do is write them a negative review somewhere. Martin IV Mar 05 06 05:56 pm Link I kinda sympathise with you, but unfortunately, it comes with the turf. Photographers "borrow" other photographer's ideas all the time. Models "borrow" other model's poses/looks etc all the time too. Not saying it's right, but it happens a thousand times a day. One thing I do find ironic though....the very first line of your MM bio reads "Not like any of this is important or anybody gives a crap..." Hmmmm...... Mar 05 06 06:04 pm Link Shyla, I've been a fan of your photos for a few years (and your dolls are fantastic) and while I completely agree with you that a lot of girls look up to you for not doing any topless/porn or standard fetish photos there's nothing you can do besides email that person and explain your point enough to make them feel bad. (I'm assuming that he used another model that sorta looked like you or did he actually take your head and paste it on someones body?) Maybe ask them to advertise or credit the model somewhere so people know it's NOT you. To be completely honest though, even with all that edited sh*t all over that girls face/body... I think it looks nothing like you. Sure she has blue hair and they blacked out her eyes but I think your real fans will know for certain it's not you. Here are my reasons for knowing it's not you: 1) You don't pose for crappy edited photos that look like a poor excuse for a metal CD cover. 2) You don't do any nudity.. not even tasteful or artistic. Certainly not spreads. 3) I'd like to think that I can tell when someone is wearing black out contacts or someone photoshopped it. 4) Your hair doesn't look like a wig. And it's longer than that isn't it? (I haven't looked at any of your recent photos) Should I go on? I think what you could do is put up on your website and anywhere else that you advertise yourself that that model is NOT you and that you don't do those kinds of photos. I hope I helped.  PS. If he took your head and pasted it on someones nude body (I'd really like to think not and that I read your post correctly?) then that's so wrong and you have every right to try to put a stop to that. Not to mention it's creepy. Mar 05 06 06:07 pm Link The work in the images is nowhere near the calibre of your own, and I don't really see much of a similarity apart from hair colour and skin tone. As others have pointed out, one cannot copyright a "look," so really there is nothing you can do about it. If the "photographer" in question had claimed that it was you, or even that the images were inspired by you in any way, you might have some recourse. Until you can prove intent to capitalise on your reputation and style, they are just tacky images of a girl with blue hair. Mar 05 06 06:17 pm Link I would agree that there is not much (frankly NOTHING) you can do about the image that you write about. To make it worse you have now brought attention to the image that you would like to see gone. Oldest rule in the book is not to point out your mistakes or anyone elseâs. I would encourage you to just let it go and watch it fade away on it's own. Mar 05 06 06:20 pm Link James Jackson wrote: How wrong. You do not need to be trademarked to take action against someone who misrepresents you or your image. Mar 05 06 07:23 pm Link I have asked them nicely to at least do SOMETHING,about it,say at least put under it that it is not me. Well if I WAS a famous person that would be different. I'm just a hood rat,that has worked hard and gotten their modeling work out there a tiny bit *mainly for the sake of promoting my artwork* in a tiny subculture scene. I'm not more "famous" then say this years prom queen,in a small town. If I was well off from my work,like say Britney Spears it would be one thing,to have to put up with this kind of mess.And also if someone is really famous,you sort of expect to deal with this sort of thing. But I'm just some regular person,it would be like if somebody down the street had somebody do that to them.It sort of makes you think like WTF I was just minding my own business. What I find totally weird is on this thread the FEMALES,seem to understand why it's upsetting.And the males tend to just saw WTF are you bitching about it for?I'd like to see how some of them would feel if it was somebody who looked like they say on a gay porn site if they are straight males. Dana Nicole wrote: Mar 05 06 08:54 pm Link Well I don't find it flattering since it's a almost pornographic pic.As a artist I'm sure you would understand how aggravated it would make you,if somebody copied one of your photos,It's just a annoying things,and I don't understand why people feel the need to do that. Also like I told someone else. Well if I WAS a famous person that would be different. I'm just a hood rat,that has worked hard and gotten their modeling work out there a tiny bit *mainly for the sake of promoting my artwork* in a tiny subculture scene. I'm not more "famous" then say this years prom queen,in a small town. If I was well off from my work,like say Britney Spears it would be one thing,to have to put up with this kind of mess.And also if someone is really famous,you sort of expect to deal with this sort of thing. But I'm just some regular person,it would be like if somebody down the street had somebody do that to them.It sort of makes you think like WTF I was just minding my own business. UnoMundo Photography wrote: Mar 05 06 08:57 pm Link Modeling isn't as important when you compare it to say curing cancer. And anybody who's life revolves around modeling,and their looks or outer beauty,is setting themselves up for allot of heartbreaks in their life,both to themselves and to others around them if they get "swell headed" about it. What does bother me and what I do find important is that somebody is using someone else to portray me doing something,I feel uncomfortable with and that I wouldn't do. How would you like it if somebody found a guy that looked just like you,when so far as to Photoshop the person to make it look more like you,and put them on a site with say a dildo up their ass,you wouldn't like it at all.And neither do I. And I'm sure if I was Miss Mary Sunshine and was a wholesome,Christian model people would be allot more understanding of why I'm upset. Instead of sort of acting like it's a well you do weird stuff anyway,what is the difference issue. Olaf S wrote: Mar 05 06 09:02 pm Link UCPhotog wrote: Um...no Marc...read the OP's post again. She's asking what it would take to be able to take action against someone who uses her "Style" or "Image" not her actual "image" but the same type of hair and makeup and eye change... If she were going to be able to protect her personal "Style" at all she would have to trademark it. Mar 05 06 09:05 pm Link Ugly Shyla wrote: I don't think it would be any different. There have been thousands of Elvis impersonators since long before Elvis died. They clearly are capitalizing on the image of Elvis. In your case, are these people who borrow your look every reference your name? - If not, you would have even less of a case than the Presley estate has against the Elvis impersonators. Mar 05 06 09:20 pm Link James Jackson wrote: Okay since I know Shyla is giving off the impression that she isn't anybody special.. I'm just going to say this: Mar 05 06 09:29 pm Link Ugly Shyla wrote: Shyla, please don't talk yourself down. You are a somebody in the alt. scene, no matter how small the subculture is, you have made yourself known. Mar 05 06 09:34 pm Link Nerie wrote: Mar 05 06 09:34 pm Link James Jackson wrote: You are just a fountain of information. Mar 05 06 09:35 pm Link Nerie wrote:
Mar 05 06 09:46 pm Link Dana Nicole wrote: If you in are in the public spot light most likely they can use your image on there website with or without you permission. Now if they use that image to try to sell a product with out your permission now there were it is illegal. Mick Jaggar head on a monkey's Bod no problem but you can be damm sure you would be facing a law suit Mar 05 06 09:47 pm Link Olaf S wrote: I think she said it best herself ! No one does give a crap. The look is from the 80s, so I'm sure its been done before anyway. I didn't like the linked photo, or her stuff.....and the fact she does "blood" but not nudes, leaves me out for ever using her. Mar 05 06 09:49 pm Link If it is not you then there is nothing you can do about it plain and simple Mar 05 06 09:49 pm Link James Jackson wrote: Thank you James. Mar 05 06 09:50 pm Link Bob4friends wrote: Hi Bob. Mar 05 06 09:55 pm Link Sometimes people just like to spout off things to hear themselves talk.I looked at his MM it says "I've been an amature photographer over 12 years now" If you aren't at least half way pro,after 12 years,I don't think anybody is going to worry to much about what he has to say. People like that are why I cringe when I have to post something,ANYTHING on ANYWHERE. You can post a simple topic such as Do you like pink or purple better,and somebody will have to come along and tell you how stupid,ugly,fat or skinny you are because you like pink instead of purple. The fact that we are allowed to have different opinions on things is what makes this country great. Put people who abuse that right,and have to make comments at people just because they are so displeased with themselves and the fact they are still likely taking pic's of squirrels as models,instead of hot girls,is pure abuse on the rights that people have fought and died for. I also think some people have Frankenstein syndrome,that person looks weird,"weird and fire BADDDD"!!!!!Must be twat and make catty commentssssss GRRRRRRRR.LOL People wonder why I'm such a A**hole at times.It's because I mind my own business,and ask a question about whether or not I can take action against something.Because I know a little about laws concerning art,but modeling stuff is a kind of weird gray area. And I get people telling me well they would not shoot with me,and how God awful I am ect. I normally sit here and go what the hell????That has nothing to do with anything.I'm insane and even I don't understand that behavior.LOL Ugly Shyla Hi Bob. Did she come trolling in here asking for photographers to shoot with her? No. So your comment was unecessary and rude at best. And what look is from the 80's? We're talking about her BLUE hair and BLACK contacts and pale skin. Can you show or link me to where that has been done before in the 1980's? No you can't. Because you're talking out of your ass. Mar 06 06 01:28 am Link Thanks Hon, As I'm sure you,yourself know laws ect for modeling and photography is such a weird thing,and it's so damn confusing at times. Like I said if someone were to have seen one of my dolls or art,and made something to where it looks just like it.Even if it's a "satire" if it's misleading to people,to where they think YOU made it,you can totally take action. But if they do that with you as a person,they can get away with it,no matter what they say or do to you or about you. Which is very frustrating at times.Because I know I have protection and rights with my art,but not with myself. 00siris wrote: Mar 06 06 01:31 am Link I have always been told,that it's pointless to trademark a image,because it will only offer protection for that ONE image. James Jackson wrote: Mar 06 06 01:34 am Link Cause the guy that takes pic's of SQUIRRELS,knows stuff! Go bother some squirrels and leave me alone. Man I thought I had a prob,those poor Squirrels are being accosted by some overtly opinionated guy with a cam,and they can't do squat about it. I think that counts as animal abuse.HAHAHAHAHHAHA Hmmmm...... I think she said it best herself ! No one does give a crap. The look is from the 80s, so I'm sure its been done before anyway. I didn't like the linked photo, or her stuff.....and the fact she does "blood" but not nudes, leaves me out for ever using her. Mar 06 06 01:37 am Link Ugly Shyla wrote: You are correct. You don't trade mark "an image" you trade mark "your Image" Mar 06 06 01:38 am Link Shyla, I used to have blue hair and blackout eyes though I've never seen you before. Don't sue me. Mar 06 06 01:49 am Link Ugly Shyla wrote: I'm confused. Mar 06 06 02:09 am Link Eric Muss-Barnes wrote: Obviously not speaking for the OP, but from here...yep. And the fact that it could potentially lead some people to think certain (unwanted) things about her persona...something which is impossible to control. Mar 06 06 02:17 am Link Eric Muss-Barnes wrote: BUT you CAN trademark a style http://www.uspto.gov/web/offices/tac/do … _defin.htm Mar 06 06 02:23 am Link The gothic "scene" [music/lifestyle] was spawned in the late 1970's - early 1980's by the merging of the Punk and New Romantic movements Some goths love the victorian era and sport corsets (albeit usually over their clothes), waistcoats and other old fashioned clothes. Some goths love technology and futuristic designs and will wear vinyl, latex and shiny silver materials. Some goths like vampires and aspire to look like them with a preponderance for black clothing, dark make-up and pale heliophobe skin, sometimes even wearing custom-made fangs. Other goths mix up the above tastes and/or add in androgyny, stripey tights, metal spikes/studs, piercings, "unique" haircuts (mohawks/dreadlocks), "unigue" hair accessories (blue dye and/or yarn) and occult/pagan/vampiric jewelry. There is also some overlap with the fetish scene, although there are definitely many goths who aren't into fetish and many fetish people who aren't into goth...... don't even get me started on idiot emo kids....... I found out through much experience (4+ years of clubbing and numerous gothic friends come and gone) that while most goths hated the mainstream for prejudging and ostracizing them for their look, they had the same attitude towards people who didn't share their look. Contrary to what I first thought, that they were not into not fitting in, but into fitting in tightly -- into their subculture. I've run across many racist goths, ultracapitalist goths, anti-semitic goths, homophobic goths (boys who wear makeup/skirts and girls who date them who hate/fear homosexuals!), and most of all, so very many of them hated, loathed, the normal un enlightened assholes,those people not inclined to dress "unique". I may have even agreed with that last part for a minute: a lot of mainstream people are closed-minded assholes, so are most goths. There are some very wonderful goths, likewise, there are some very wonderful so-called normal un elightened assholes. People are people and unfortunately a particular style of dress does not guarantee enlightenment, neither is it ever unique...... and following with that, here are all the blue haired 80's goth gals I've found..... gosh i don't have a life..... more of a teal, but ah well oh and darenzia has had the blue hair black eye thing for the longest time hey, here's one of you.... where's the black eyes? Mar 06 06 02:24 am Link darn photobucket.....meh, i'm too lazy to redo it. anywho, i couldn't even see the naughty bits and pieces, and that girl didn't have big enough tits to be you, you should put a disclaimer that says blah blah blah there's a photo of me out on the www and it isn't really me blah blah blah but i can see how the said photoshop/name stealing offended you, seeing as how unflattering it is oh, and pretty much to everyone on this thing, the grammar police will come knocking on your door soon, so straighten up Mar 06 06 02:30 am Link My suggestion is off topic 'cuz it doesn't answer your original question. But I find myself asking why you'd give us a link to this guys work... We're all going and checking it out which is upping his traffic. Ignore it, ignore hmatim. It's not you. You can, in the future, ask a question without posting links to the person you feel defamed by. Isn't he ultimately winning. If he's familiar with your work, which it sounds like maybe he was, he succeeded at getting your attention and raising your hackles. Not only did you complain to him about it, you're driving others to go take a look. Delete the links to him. They're not needed in stating your concerns. Best of luck to you... Mar 06 06 02:33 am Link i'm going to go look at it a million more times now, and add him, why don't you post his other port sites too Mar 06 06 02:38 am Link |
