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Magazined used my img without asking or informing!
Hello there*waves* Im here to badger you for some advice on a current situation ^_^ Recently i was scanning through my routeen hunt down places to submit my imgs- links and discovered a magazine was running a story on corsets and my photo was being used in the feature.It was a very old img and i was delighted with the suprise. Course once that feelign washed away i realized no one ever contacted me to get permission to use the photograph and no one ever even let me know i was in the publication so i could add it to my port or anything. So i went hunting for thier contact info..the site is currently under construction and doenst list a email or anything of the sort and the only contact method i could find was their mysapce- which they hadnt logged into since the 27th I was wondering if you guys had any advice on how to deal with this situation? I mean, to be honest i just want to make sure i recieved credit and maybe get a free issue to keep for my book but im not even sure how i can track the people down! PS: Im the photographer and model for the shot. Jul 06 06 11:54 am Link Yeah, that's definitely bittersweet. If you're not comfortable posting the mag's name on here, shoot me a message and I'll see if I can help you track somebody down. Oh, and have you checked the whois record for their site? Jul 06 06 11:58 am Link The photographer always owns the copyright to images. Check your release from that shoot- does it say that the photog has the rights to sell the images, or does it say they're for promotional purposes only? Check first, then contact the photographer. If he does have rights to sell the image, you might ask if there's a way for you to get a copy of the tear. (This is not something he's responsible for, but if he has a contact at the mag he may be willing to share that.) No one is obligated to contact you about the image if he does have the rights stated in the release; that's just a nice thing to do, but he may be busy. If he didn't have rights to sell the image, your conversation should be about a fair payment. And make sure you get a new release for future use. And probably don't shoot with that photog again in the future if he(/she) is really that unethical. I hope that helps! Jul 06 06 12:00 pm Link SnapFactory wrote: Im the photographer AND the model for the image Jul 06 06 12:00 pm Link ah! well in that case, you have a great big lawsuit if they don't come to a nice settlement with you. But try talking to them in good faith, first. good luck! Jul 06 06 12:04 pm Link ah! well in that case, you have a great big lawsuit if they don't come to a nice settlement with you. But try talking to them in good faith, first. good luck! Jul 06 06 12:04 pm Link SnapFactory wrote: LoL!!! First i have to find out how the contact them!! *Death* I cant find an email, an adress-nuttin! Jul 06 06 12:05 pm Link Have you tried looking up the whois info for the domain name? Jul 06 06 12:06 pm Link QM Photography wrote: How do i go about doing that?Iv never realy had a reason untill now to learn how ^_^ Id appreciate ne help on that..thats a good idea! Jul 06 06 12:07 pm Link Was it a magazine or a website? I am unclear about that. I ask because it will have some bearing on whether they have any money to pay you if you were to sue them. It sounds to me like this is a website that found your images online and simply stole them. I would start with a letter demanding that they take them down (or pay you if that is what you want). EDIT: Ya know, since you are under 18, you would need your parents to sign a release for them anyhow, even if you wanted them to post your images. You might want to have your parents write them. Jul 06 06 12:08 pm Link Kassandra wrote: You might do a WhoIS search on the site name and see who the owner of the URL is.. They're required to have contact info of some sort in there.. Although it's fairly easy to fudge.. (There is/was someone in Europe using my name and contact info to setup hacking sites.. Which is why I'll never own another URL in my name again..) Jul 06 06 12:08 pm Link Happy birthday, Kassandra. See your PMs. Jul 06 06 12:10 pm Link Kassandra wrote: http://www.internic.net/whois.html Jul 06 06 12:10 pm Link Alan from Aavian Prod wrote: Im actualy 18 LoL Jul 06 06 12:10 pm Link Any idea how they would have gotten the photo? As an editor myself I would likely have contacted the photographer to get the high res image as something pulled from the net would be too low resolution to print well. The photographer would also be the only person I would have been in contact with to purchase a photo that was already shot(his job to notify the model.) Maybe try contacting the photographer and ask if they sent them the photo. If not you'll likely have someone else with a desire to help you get creds and copies. Many sites while under construction still have a way to contact the webmaster who could also be able to send you in the right direction. Jul 06 06 12:10 pm Link Sue em'. Jul 06 06 12:11 pm Link Just sent the whois to ya... the guy's mailing address + phone number are on there, so hopefully you'll be able to get ahold of him. Jul 06 06 12:11 pm Link David Strange wrote: *points* if you read hte post youd of seen that i am the ****photographer**** as well as the model Jul 06 06 12:13 pm Link People post quick and put that up before I finished typing. Jul 06 06 12:16 pm Link SOMEONE IS ABOUT TO GET PAID!!!!!!!!! Jul 06 06 12:17 pm Link Happy B-day Kassandra! Sorry to hear about this. If you want I can go and help you talk to them. I will be in the background with the baseball bat and black leather trench coat along with your other friends to make sure the "negotiations" go well. And yes I am being seriouse. ^_^ Can you e-mail me the name of the place that used your image? No I will not hunt them down. I just want to be on the look out for others by these people. -S Jul 06 06 12:17 pm Link How did they get the shot in the first place? get the facts straight. If you are the photog/model then you should know some of the answers.. Did you post image on myspace.. read contracts of anyblog machine or photoalbum you load to.. I have heard that myspace owns all images posted to there site. this can be a mess! Jul 06 06 12:17 pm Link Now that you have the contact information for them, the next question is what you want to do about it. As others have said, you have a pretty strong legal position - you can sue them both for invation of privacy and for copyright infringement, you can get their websites shut down, all sorts of nasty things. Or, you can just get them to give you credit and send you a copy of the magazine. But certainly at this point you have the upper hand. Edited: On second thought, you may not have a cause of action as a model, if the use was entirely editorial. But you certainly do have as the photographer and copyright owner. Today would be a very good day to make a CD of all your pictures and send them off to the copyright office. Jul 06 06 12:19 pm Link Digital Soup wrote: Not true: Myspace.com wrote: Seems to me that putting pictures on myspace does not give anyone else any rights to them. Jul 06 06 12:23 pm Link Well thanks to you guys i got all thier contact information and i left them a message on thier answer machine--got thier email off googling them and finding thier member profile on Suicide girlso_0 and i sent them an email as well. Hopfuly it can simply be negociated over and things will be fine..if it turns out messy or even a scam ill definitly be telling you guys all about it Jul 06 06 12:25 pm Link Kassandra wrote: Actually, I just remembered that your birthday was coming up. I looked at your profile the other day because I wanted to fly you in when you turned 18 so I should have remembered your birthday coming up. Congratulations. Jul 06 06 12:29 pm Link Alan from Aavian Prod wrote: To be honest, if i can eviod any legal show downs , id be happy. However if they are uncorroporative a friend of the family is aviable to help me out. Jul 06 06 12:32 pm Link Lord Foamy Goodness:  Jul 06 06 12:34 pm Link See your PMs again. There's more to the website . . . . Jul 06 06 12:35 pm Link WG Rowland wrote: YES DEAR GOD YES ! hahaha Jul 06 06 12:35 pm Link Alan from Aavian Prod wrote: They don't. This is only their third issue, and that has taken nearly four years. I just read the history of the magazine on their website; if they have enough money for a good lunch I'll be surprised. Jul 06 06 12:41 pm Link Kassandra wrote: The magazine doesn't have a masthead? A page listing the editor in chief and publication information??? Jul 06 06 12:42 pm Link TXPhotog wrote: Yah,well on thier site they also say that Jul 06 06 12:43 pm Link More on their use of the image: The use apparently was in an article which sounds like it would be "editorial". However, they describe the article as follows: Fashion: The Anatomy of the Corset That sounds more like an Infomercial, which, if true, would make it of the nature of commercial use - which gives Kassandra a much stronger hammer. Jul 06 06 12:44 pm Link David Strange wrote: So your a mind reader and posted a response to her original post b4 she was done posting it? WOW! Share the talent! Hehe Jul 06 06 12:45 pm Link Alrighty, so i have: Left thier answer machine a message. Left them an email. Left them a message on myspace. *twidels figners* im going to lose my mind if i dont get a responce soon. I hate people who contradict thier own statments, dont have any sence of good busines practice and ..GRNESS .Just GRRNESS, i have the worst luck when it comes to getting ANY exposure for my work!*huffs* Jul 06 06 12:45 pm Link You are 18 now, so much more powerful. While you are waiting for a response, go put that CD of your pictures together (the ones for which you are the photographer) and send it off with a Form VA to the Copyright Office so you have even more power. (A hint when putting the CD together: group the pictures into categories of some kind. That makes it much more likely that the Copyright Office will accept them as a collection.) Jul 06 06 12:49 pm Link Kassandra wrote: Also if you're twiddling your fingers for long write an actual letter, and send it certified mail. This will give you a post card of proof that your letter was delivered and signed for. Jul 06 06 12:52 pm Link James Jackson wrote: Oh very good idea! Hmm..one thing im a lil worried about,sine letters take longer to get to thier destination..do you think i should wait a day to see if i get a responce from the people before sending out a letter ?I can imagine me sendin hte letter out today and then getting a phone call that night LOL Jul 06 06 12:54 pm Link Fine, don't take my advice.  Jul 06 06 12:55 pm Link |
