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Photographer

SunSplash Photography

Posts: 479

Orlando, Florida, US

Hey all, just thought I'd pass this along, in light of the picture scamming that's being discussed in another topic.  While preparing for the web site I'm about to open up, I came across this web resource for legal documents.  Some of it will apply to models, especially the model release forms.  Some will apply to photographers, actually more of it will.  (It'll also show you what you need for Title 18 and 2257 documentation.)  There is a ton of useful stuff in there.

There's also a "Cease and Desist" letter in there.  Anyone can send this if they believe an image of theirs was co-opted fraudulently or illegally.  Remember, if you own the copyright, it's in your power and interests to fight copyright infringements.  If you don't fight it whenever you discover it, and then someday decide you want to go after someone who tried it, you'll have a hard time getting a satisfying decision, if the defense can prove you didn't enforce your copyright in the past. 

Here's that site, now:

http://www.adultsitelaw.com/forms.html

You can send the Cease and Desist letter--you don't need a lawyer to do it.  I've checked on this--basically you're simply sending an email alerting the recipient to the fact that you are "on" to them.  Usually that's enough to get them to reconsider the error of their ways.  Then, if they don't cease and/or desist, and you do decide to pursue a lawsuit on fraud, defamation of character, or libel, you can prove you tried initially to simply get them to take it down.  Courts love it when you try to reach a satisfactory conclusion before going to court. 

Nothing personal, but I simply despise the response to this issue as "well, that's the way it is."  I'm not denying that's the way it is.  But to allow your material to be stolen by someone and shrug it off puts me and all others involved in creative property in a sour light.  It's the lack of any effort at all to call these criminals on their actions that emboldens them to continue.

Mar 14 06 11:32 am Link