ward wrote:
Fine, don't take my advice.

LMAO it takes money to sue peoples! I dont want to
have to take out a loan if i dun have toooo -_-

Kassandra 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

*I* wouldn't worry about that, but it's up to you.  If you get a call tonight, just say, "Oh, by the way, I sent you a letter in the mail, certified earlier today as well."

In the letter I'd just say something along the lines of:

To whom it may concern:

The image published by your magazine in issue ## dated ##/## on page ## is a photograph of me taken by me, Full Legal Name and the copyright is owned by me as well.

Please contact me at:

Full contact info
Address
Phone Number
Email

As soon as possible to resolve this matter.

Thank you,

_______________

That way you're not making any demands before you've spoken to them, and you're not threatening...yet...

James Jackson wrote:

Kassandra 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

*I* wouldn't worry about that, but it's up to you.  If you get a call tonight, just say, "Oh, by the way, I sent you a letter in the mail, certified earlier today as well."

In the letter I'd just say something along the lines of:


That way you're not making any demands before you've spoken to them, and you're not threatening...yet...

Thanks for the advice!! lol the last part is great.. let me pull my Claudia (interview with the vampire) Routeen..lure them in with my doll like innocents and then drain them of thier life ess---er...wait...well..You get the idea! LOL

Kassandra wrote:

Thanks for the advice!! lol the last part is great.. let me pull my Claudia (interview with the vampire) Routeen..lure them in with my doll like innocents and then drain them of thier life ess---er...wait...well..You get the idea! LOL

It's so cute when girls try to talk tough...

James Jackson wrote:

It's so cute when girls try to talk tough...

*pout* then why wasnt my school board not giving me teddy bears and lollipops for the countless times i petitioned them,reported them to variouse organizations and sent home flyers to kids parents and came in threatening to bring them to court? Ohhh, the good old days! lmfao course, once i graduated they re-enstated the dress code, have toxic mold in the bathrooms agian and does the phrase "blue room" come to mind?LoL

Kassandra wrote:

LMAO it takes money to sue peoples! I dont want to
have to take out a loan if i dun have toooo -_-

You won't be the last one they get away with doing it to then.

ward wrote:

You won't be the last one they get away with doing it to then.

yeha...but like i siad before, i dont want to have to take legal action if i realy dont have to i dont have the kind of capital to do that sort of thing

Aussie Guevara wrote:
used a copywrited image without my permission.

please make sure in any communication with them you spell it properly as "copyrighted" otherwise they may ignore your letter.

James Jackson wrote:

please make sure in any communication with them you spell it properly as "copyrighted" otherwise they may ignore your letter.

Someone , i would have assumed you guys would realize i dont talk to same way in a formal business letter than i do on a random internet forum LoL

Kassandra wrote:

Someone , i would have assumed you guys would realize i dont talk to same way in a formal business letter than i do on a random internet forum LoL

I didn't mean you...I meant the other model who just misspelled copyright ... twice...

James Jackson wrote:

I didn't mean you...I meant the other model who just misspelled copyright ... twice...

LOL okay just checking

Kassandra wrote:

yeha...but like i siad before, i dont want to have to take legal action if i realy dont have to i dont have the kind of capital to do that sort of thing

While I appreciate that, a letter to them will do nothing, in my humble opinion. They will read it, laugh, and toss it into the waste bin. But what do I know...Arts & Culture groups occasionally have legal begals that work for them and offer legal advice sometimes on a pro bono alternative, because they love challenges like this especially when it applies to the world of arts, culture, and artists. Just some advice. And now I will say no more !

Kassandra wrote:

yeha...but like i siad before, i dont want to have to take legal action if i realy dont have to i dont have the kind of capital to do that sort of thing

May not take any money to defend yourself...considering your age and the type of case:

http://www.vlany.org/

James Jackson wrote:

please make sure in any communication with them you spell it properly as "copyrighted" otherwise they may ignore your letter.

Thank you, Spelling Police. Model Mayhem doesn't have a spellcheck.

Aussie Guevara wrote:

Thank you, Spelling Police. Model Mayhem doesn't have a spellcheck.

Yeah I know...that's why I'm so glad that Mac OSX has spellcheck built in and you can literally turn it on everywhere you type.  I misspell things all the time, but I always spellcheck before posting anything publicly.

As far as the word copyright though, just keep in mind that it is a concentration of two words "copy" and "right"...so if you're going to add a suffix it changes the word "copyright" just the same as if you were to only be using the word "right" meaning the permission someone has to do something.

KitaPanda wrote:
On a lighter note, they used a really great picture.

LOL Glad you liked! its damned old!

PK Digital Imaging wrote:
First:
You  ->   Q(>.

Peter Dattolo wrote:
If it is off the web then your probably out of luck, photos are pretty much open territory when they are downloaded from the web and very few to no lawyers propably will even look at it.

what the... what are you talking about???

Photos aren't public territory just because they're on the interent...they are STILL COPYRIGHTED WORKS!

KitaPanda wrote:

K.O.!

Yes.. and should be followed up with...

Them   ->    (O.O);      t(>.

PK Digital Imaging wrote:
First:
You  ->   Q(>.

KM von Seidl wrote:

and the attorney is going to make money how if the defendent has no money?

the attorney isn't always out to make money...they have personal causes and interests too:
http://www.vlany.org/

KM von Seidl wrote:

and the attorney is going to make money how if the defendent has no money?

*grabs her pop corn and starts munching* PK Digital VERSSUSSSSSSS*street fighter vioce over* KM von Seidl!! READY!?FIGHT!

KM von Seidl wrote:

and the attorney is going to make money how if the defendent has no money?

"If it's a printed magazing which is making money"

An attourney has the ability to take a "sure win" case if they feel that the resulting settlement would make up for his retainer.  Like... TFS... Time for Settlement.

Indelible Images wrote:
I think you should also ask for a credit in the next issue, just so that you have it for your credentials.  It never hurts to have your name in print, and legally, you should have been credited when the photo was used.

I would guess that this is a startup with little or no funds that found an image that someone thought was perfect and assumed that since they had it in a file or archeive somewhere they would us.  Hopefully, you will get the copies they promised and photo credit somewhere down the line. 

Grats on being  a published model, published photographer, and a published MUA.  What a talent and only 18!

Well i think there is the possiability that i may  be getting a model feature and i also sent them some examples of my art work( I draw as well) which they expressed an interest in.OS im hoping to turn this situation into a very positive one if i can

rachelrose wrote:
it sounds like an advitorial to me, they should really give you some kind of compensation... if not them... the company that is claiming you are wearing their corsets and using your images.

Well what i found very interesting - was earlier in the day i took the intiaitive to message the woman the editorial/advitorial was about and she didnt claim the use the images

"Well, I went to the Link you included and was surprised to find an article by me!

I submited the article at least 2 maybe 3 years ago (maybe more) back when I was advertizing. I know nothing about the image as I did not submit any with the article. I also would have prefered to be notified that the article was coming out.

Thanks for bringing this to my attention as like you I was surprised with what I found."

Aussie Guevara wrote:
Man, I hate it when this happens. Atlantic Records.... yes, ATLANTIC RECORDS, used a copywrited image without my permission. Big mess going on right now.

Don't make any demands yet, jsut make sure to have that image copywrited as fast as you can, and annoy the heck out of them.

That image was copyrighted the instant she snapped the shutter.  All she can do at this point is register the image.  Registration is not necessary.

A little light reading: http://www4.law.cornell.edu/uscode/html … 01_17.html

***
Under the 1976 Copyright Act, as amended, a work is protected by copyright from the time it is created in a fixed form.  When a work is first written down or otherwise set into tangible form, the copyright immediately becomes the property of the author who created it.
***

Kassandra wrote:

Im the photographer AND the model for the image

Then you've been skanked and ripped off.

Welcome to the business! You're a certified pro now - you have pix that are worth stealing!