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Photographer stole my images!!
Like almost everyone I am on Myspace. A couple weeks ago I recieved a friends request from this photographer so I added him. He sends me a picture of myself that he "touched up" which didnt bother me I thought nothing of it. Then I went to his page a few days later and my image was on the banner for his buisiness. He did not take this photo!! What should I do?? He is false advertising!! May 02 06 02:04 pm Link unless YOU own the copyright to the image, the most you can do is tell the photographer and let him persue the issue. Only the copyright owner (usually the photographer, unless he specifically gave you copyright, not just usage) can persue infringement. May 02 06 02:11 pm Link There may be some usage agreement on MySpace that he violated. Ask the MySpace people about that. Let the photographer know - he's the one that can go after him. As the copyright holder he can get MySpace to delete the account. May 02 06 02:18 pm Link The photographer is the only one who can seek legal action because he is the only one with the copyrights, but you can email the moderators on whatever website he's posting the images on and let them know that the images are stolen. If you have more photos from that shoot that he doesn't have that could be taken as proof that you are the model in those photos but he did not take the pictures. Let the moderators know, and if you have more photos tell them you have proof that those photos are of you and that he didn't take them. Also, getting the photographer to email them would be helpful as well. I had the same thng happen to me a while ago and we got the guy kicked off MM and we got his personal website shut down. Just do what you can and don't let it bother you too much. There will always be assholes in this world without the talent to create things on their own. If anything it's a compliment that he liked you that much to steal your photos :-P Good luck May 02 06 02:20 pm Link It was a TFP shoot and I signed the release. The photographer that took them is no longer in business that I know of. I was just curious what to do!! Thank you!! May 02 06 02:21 pm Link ALee wrote: Contact Myspace. Even if it was just a snap shot if it was stolen they might delete him. But you should contact him and tell him he has no right to use your photo and if he doesn't remove it from where ever he has placed it you are going to contact the photographer and legal action may be taken. That may scare him enough to not actually have to hunt down the photographer. May 02 06 02:25 pm Link DO NOT try to persue it with myspace if youa re not the copyright holder. In order for myspace to stay in compliance with the DMCA, they will have you fill out an affidavit affirming you are the copyright holder. They will not under any circumstances take the images down without that, because if the person has a usage agreement with the photographer (which you may not know about) they could find themselves on the wrong end of legal action... Only the Copyright Holder has the authority to request the images be removed. May 02 06 02:27 pm Link Wow I cant believe some of the advice..it's totally off...you dont own the copyright but you own the right to your own image and likeness...send him a Cease and Desist Letter....look up rights of privacy on the net...and listen check some of the other threads here and youll get the info you need...it's been discussed over and over and over and over and over...i May 02 06 02:29 pm Link Ty Simone wrote: I had a friend have her images removed from a profile. A few months ago. She didn't have a proof of copyrite. May 02 06 02:30 pm Link Privacy and Publicity Rights Privacy and publicity rights reflect separate and distinct interests from copyright interests. Patrons desiring to use materials from this website bear the responsibility of making individualized determinations as to whether privacy and publicity rights are implicated by the nature of the materials and how they use such materials. While copyright protects the copyright holder's property rights in the work or intellectual creation, privacy and publicity rights protect the interests of the person(s) who may be the subject(s) of the work or intellectual creation. Issues pertaining to privacy and publicity may arise when a researcher contemplates the use of letters, diary entries, photographs or reportage in visual, audio, and print formats found in library collections. Because two or more people are often involved in the work (e.g., photographer and subject, interviewer and interviewee) and because of the ease with which various media in digital format can be reused, photographs, audio files, and motion pictures represent materials in which issues of privacy and publicity emerge with some frequency. The distinctions among privacy rights, publicity rights, and copyright are best illustrated by example: An advertiser wishes to use a photograph for a print advertisement. The advertiser approaches the photographer, who holds the copyright in the photograph, and negotiates a license to use the photograph. The advertiser also is required to determine the relationship between the photographer and the subject of the photograph. If no formal relationship (e.g., a release form signed by the subject) exists that permits the photographer to license the use of the photograph for all uses or otherwise waives the subject's, sitter's or model's rights, then the advertiser must seek permission from the subject of the photograph because the subject has retained both privacy and publicity rights in the use of their likeness. The publicity right of the subject is that their image may not be commercially exploited without his/her consent and potentially compensation. While copyright is a federally protected right under the United States Copyright Act, with statutorily described fair use defenses against charges of copyright infringement, neither privacy nor publicity rights are the subject of federal law. Note also that while fair use is a defense to copyright infringement, fair use is not a defense to claims of violation of privacy or publicity rights. Privacy and publicity rights are the subject of state laws. What may be permitted in one state may not be permitted in another. Note also that related causes of action may be pursued under the federal Lanham Act, 15 U.S.C. § 1125 (a), for example, for unauthorized uses of a person's identity in order to create a false endorsement. While an individual's right to privacy generally ends when the individual dies, publicity rights associated with the commercial value connected with an individual's name, image or voice may continue. For example, many estates or representatives of famous authors, musicians, actors, photographers, politicians, sports figures, celebrities, and other public figures continue to control and license the uses of those figures' names, likenesses, etc. Although the risks for using an image in a periodical's "editorial" pages may be less than for use in advertising or for other commercial purposes, the risk can still be high if the person depicted is held up to ridicule or presented in a libelous manner. While it is true that famous or public figures who seek recognition have thereby surrendered some privacy, they may have the right to control the commercial use of their image (likeness, voice, signature, etc.). This principle recognizes that a celebrity's image can be an asset in trade. May 02 06 02:31 pm Link Screw the legal system. Sounds like an ass kicking is in order  May 02 06 02:32 pm Link C R Photography wrote: yep..and then send a cease and desist letter...with his teeth in the envelope...LOL May 02 06 02:33 pm Link I would certainly report it to MySpace because you can't use copyrighted images. While the original photographer not you owns the copyright, this new guy certainly does not. Speaking of copyright infringement- I hired a high profile MM model for a shoot. While he was paid I granted him use of some of the photos which I promptly delivered to him personally. That very night he posted them on another site. Not only did he not give me the proper copyright or in fact any credit at all- he stated that he had only done one shoot and had a link to another photographers site. So he was using my photos for commercial gain for both him and his "mentor" photographer. While that wasn't bad enough when I posted some of the photos that I owned on the same sight he convinced a model friend to report me for copyright infringement- for my own photos. The friend had emailed me asking for clarification which I promptly gave but turned out he reported me to the web site and they removed my photos. I was able to prove I had a signed model release and his ID. So this models friend was kicked off the site for making false claims. This seemingly straight forward model's deceits don't end there. He told me point blank that he had never done adult work and in fact his profile on he states he won't do it. Turns out he has done totally hardcore work on gay sites. Not that it is my business but why lie. Then on his own site he was only doing artistic shots. Then that went to raunchy. This his own site was gone because turns out he had been dishonest with many people. The morals to this story are: keep all records (I have copies in another state for safe keeping) and don't allow people to rip you off. No matter how nice and honest people are some are not what they seem. May 02 06 02:33 pm Link While copyright protects the copyright holder's property rights in the work or intellectual creation, privacy and publicity rights protect the interests of the person(s) who may be the subject(s) of the work or intellectual creation. May 02 06 02:36 pm Link First, Right to publicity / privacy is automatically waived for a photoshoot. However, if the images are used for commercial purposes, which in this case they are definately not, then you can have a claim under that. Second, If Myspace removed the images as mentioned above, then someone filed a DMCA claim with them. Trust me, MySpace follows the letter of the law in that respect, if they did not, then I could claim every image on there is a violation and they would have to verify etc.... It does not work that way. But hey, This is the web, and it is a forum on the web, and as you can tell, a bunch of people are going to give you their opinion, but opinions are like assholes, everyone has one and they are usually full of crap. If it bothers you that much, seek an attorney's advice. However, I am positive you will find that he will say exactly what I did. you are S.O.L. May 02 06 02:36 pm Link images by elahi wrote: First, I'd try to get ahold of the photographer. That's the easiest. Second, notify Myspace and tell them he has photos of you that were professionally done and the photographer is the only one with a model release, therefore the images he has posted are not released to him and must be taken down. Hope that works. May 02 06 02:40 pm Link This is his site http://www.myspace.com/pratophotography Clearly in his banner for his business that is my face! This is me www.myspace.com/taesmommy Am I completly out of luck?? I have asked him to remove my face many times with no response. Should I just take it as a compliment and get over it?? May 02 06 02:43 pm Link Ty Simone wrote: what are you basing that on? If a company/business is using her IMAGE AND LIKENESS to promote their business without her permission, that is valid for legal action. Requesting them to: May 02 06 02:44 pm Link I had someone steal my images and use them in a scam on Roommates.com. I contacted the site and they eventually cancelled the person's account. I had to threaten using my lawyer though (that wasn't an empty threat like some people throw around, I really have one). However, It's hard to tell if the guy who stole the images has copies they hare using elsewhere. It's hard to tract them. I only found out about it because someone saw my copyright on the images and e-mailed me. There are some honest people out there willing to watch out for you at least. May 02 06 02:45 pm Link ALee wrote: you have to send him a CEASE AND DESIST letter preferably from an attorney, agent or manager....legalese...CEASE AND DESIST May 02 06 02:45 pm Link Ty Simone wrote: No. That's why we have model releases. May 02 06 02:47 pm Link Ty Simone wrote: Brian Diaz wrote: Don't you love it when people throw out these "rules" that they make up themselves? May 02 06 02:51 pm Link you have to send him a CEASE AND DESIST letter preferably from an attorney, agent or manager....legalese...CEASE AND DESIST That would be great but I have no Attorney (im sure it wouldnt be cheap), Agent, or Manager. May 02 06 02:53 pm Link best bet is to bluff him. Threaten him with legal action and that you have notified the photographer. Chances are that will scare him off. Hiring an attorney would be too much money and you have to ask if spending that much money for a myspace photo or banner is worth it. I think bluffing with do the trick May 02 06 02:59 pm Link ALee wrote: you have to send him a CEASE AND DESIST letter preferably from an attorney, agent or manager....legalese...CEASE AND DESIST That would be great but I have no Attorney (im sure it wouldnt be cheap), Agent, or Manager. 1. Check to see if there is a Utah Volunteer Lawyer's For The Arts May 02 06 03:03 pm Link May 02 06 03:06 pm Link ALee wrote: you have to send him a CEASE AND DESIST letter preferably from an attorney, agent or manager....legalese...CEASE AND DESIST That would be great but I have no Attorney (im sure it wouldnt be cheap), Agent, or Manager. How 'cheap' is your image to you? Girl, your into a legal field wither you like it or not. Look into a local legal aid group, and go from there. Talk to an attorney, you will get the best mileage for your money this way. A good lawyer can help you protect yourself (legally) in the future. You may also be able to recover attorney fees from this jerk. Sad to say, but this is the facts of life in this country. 'luck May 02 06 03:15 pm Link Thank you for all your help!! The banner has been removed. This is the email I just recieved from him: "This letter is to let you know I removed the banner you claimed I misprepresented as my work. Also, I never received one email or letter form you asking me to remove it. If you did..I suggest you send me written and dated proof of your past requests. Nonetheless, I never made any claims that I took the photos and the banner and all photos of you have been deleted. Please don't write me again." I feel bad but thats not right. Thank you all again!! May 02 06 03:29 pm Link I just spoke with him on myspace and here's what he said: "Thank you so much for the message. Wow..she made some pretty intense remarks. I never received any messages from her asking me to remove it and I had done all the post processing work for that and other photos of her, so I posted it as examples of my ability. Thanks for the heads up. I removed all the photos." May 02 06 03:30 pm Link C R Photography wrote: Did I make "intense remarks"?? Its fine for someone to show their ability but not to use someone elses work in the process. He is very talented and I wish him the best but I have my own ass to protect. I guess sometimes it just takes someone else to get their attention. Thank you again!! May 02 06 03:35 pm Link There is a much simpler and cheaper way to handle this. Sue him in small claims court in Utah. Or if you really want to get his attention, sue him for appropriation of likeness in Utah. (You could also sue in California, but they have a statutory remedy of only $750 per violation unless you can prove higher damages, which is difficult here. You are in Utah and he says he has a business in Utah, so he's subject to Utah law. Sue the business. If you choose small claims court, the limit is $5,000 and you do not need a lawyer to file or pursue the case. However, you might want to consider one, since Utah law provides for recovery of attorney's costs: § 45-3-4: Injunctive relief, damages alleged and proved, exemplary damages, and reasonable attorney's fees and costs. Make sure to have a screen capture printed out to take to court. You could have a little fun with this, and maybe make some money too  (I'll bet you that image comes down very quickly after he gets the court summons )May 02 06 03:41 pm Link Vito wrote: If the photographer is no longer in business get him to sign over all copyrights of images taken of you to you. May 02 06 03:51 pm Link First, tell him to take it off and remind him of the law. Second, maybe too late, but make sure any photos you send out anywhere, especially to strangers, has some sort of copyright imbedded in the file so you can prove ownership. Good luck. May 02 06 03:57 pm Link THe Myspace Copyright Policy Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MySpace.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to MySpace.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MySpace.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, MySpace.com, Inc. 6060 Center Drive, Suite 300; Los Angeles, CA 90045; telephone: (310) 917-4923; facsimile: (310) 394-4180 Attn: Copyright Agent; and email: [email protected]. May 02 06 04:01 pm Link However by signing up for myspace you should read the the terms. Anything you post may be used or sold by myspace with no compensation to you. # Proprietary Rights in Content on MySpace.com. 1. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MySpace.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the MySpace.com servers after you have removed the Content from the Services, and MySpace.com retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services. May 02 06 04:05 pm Link MartinCoatesIV wrote: No, that is not true. May 02 06 04:09 pm Link ALee wrote: This seems a bit contradictory, no? May 02 06 05:03 pm Link ALee wrote: Brian Diaz wrote: Are you expecting him to be rational? May 02 06 05:13 pm Link Vito wrote: Yep, better check with the photographer first. Since you signed a release the photog may have given permission to use the image. May 02 06 05:15 pm Link Ty Simone wrote: Brian Diaz wrote: Ty believes that when a model steps in front of a camera, she waives all rights to her likeness and that a photographer can freely use her images, with one exception. Ty defines "commercial use" as explicitly endorsing a product. Except for such an endorsement, Ty feels a photographer could use an image for anything, including posting on a membership pay site, without a release or consent from the model. May 02 06 05:43 pm Link |
