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Models altering intellectual property
A model that wasnt even really a model (it was a favor to the makeup artist) has signed up for an account and posted very badly edited versions of my photos, she denies that they are mine although I can easily proove it as I still have the files. What can be done here? At the very least I want them removed from MM. I have already messaged her and asked for her to remove them, she has read but not replied to the message. CB~ Aug 15 06 04:41 pm Link geez, we just discussed this last week ! Aug 15 06 04:44 pm Link ouch.... did you try using the contact a mod form? Aug 15 06 04:44 pm Link SsinUrn wrote: The mods don't care. You screwed up, didn't get a release, and gave her unedited files. Don't do it again. Aug 15 06 04:46 pm Link hey, be nice  i'm new to this site, figured mod's were able to help wit hthis sort of thing.... i'm sorryAug 15 06 04:47 pm Link I thought the cliche was that models had no intellectual property.. (Digging deep in my quest to offend everyone equally..) Aug 15 06 04:47 pm Link I DO have a signed release! Aug 15 06 04:48 pm Link SsinUrn wrote: this IS nice...you think it gets better. Aug 15 06 04:59 pm Link Christopher Brady wrote: And it prohibits her from changing your pictures or publishing them? What is that wording on the release? Aug 15 06 05:31 pm Link Lapis wrote: jeez way to be a total jerk. you have no idea what the wording of his release was, and also no reason to assume he gave her unedited files. Is it only possible to edit an unedited file? NO. Anyone could go and take an image you already edited and make it neon colors and totally destroy it. Doesn't mean you gave them unedited stuff. Aug 15 06 05:39 pm Link 1. Did you give them the files? 2. Did you have an agreement with them? Was it written? 3. Did the agreement include use rights, and if so, what were they? Depends on your agreement when you gave them the files. Preferrably a written agreement. If there was no agreement - good luck. We've had long threads about abuse of photos by others. You retained the copyright (U.S.A.). This gives you rights as far as controlling who can copy and what they can do. But the use rights, if they aren't specifically stated anywhere - may be open to question. In this digital age - that's going to be an issue. Aug 15 06 05:50 pm Link Couture Imagery wrote: Funny and ditto, Aug 15 06 05:57 pm Link Why didn't you give her edited/corrected copies? Seems the entire problem would be resolved that way. Aug 15 06 06:30 pm Link I'd like to see the evidence from both perspectives. Aug 15 06 06:34 pm Link bad model , no donut! Aug 15 06 06:35 pm Link Doug Lester wrote: they edit that too ! Aug 15 06 06:48 pm Link The images WERE edited, the were pretty much industry standard head shots for an actress (What she said she wanted). And yes my release prohibits altering the photos in any way without written permission. Is there nothing MM will do? What am I paying for?? Aug 15 06 07:03 pm Link Christopher Brady wrote: No one on MM will punish a model for her irresponsible behaviour. Send her name to everyone that asks. Until she replies we dont know the full story. Aug 15 06 07:06 pm Link Just curious, but would tagging that profile and adding a comment to each of the offending images disclaiming the edits as your own be a violation of some MM rule? I had one model who did this with impunity and gave me the "credit" for the shots until I insisted she either take them down or claim credit for the edit. My release now clearly states, and I reiterate with each model, that she is prohibited from any type of editing, cropping, etc. Aug 15 06 07:11 pm Link UnoMundo Photography wrote: Now I am quite sure there is some moderator "behind?" the scens action going on by now. Aug 15 06 07:26 pm Link Have to read the release/agreement. But if it's on there and they signed it, just a notification letter or e-mail should be the start. I've had it happen and sent them a friendly note - model complied immediately. No problem. If that doesn't work, you have to get nasty to enforce it. A letter from a lawyer or a certified letter telling them they are in violation of the agreement. Get tough from there if they ignor it. You have to get a injuction - a court order for them to take it down. Hopefully the agreement also has a revocable clause for the use of the pictures. If you don't want all that legal hassle, you have to grin and bare it. Aug 15 06 07:34 pm Link Christopher Brady wrote: Truly I dont care what the model does with images that are TFCD. For commercial clients I would just not use a new model anyway. The ones that count to me are on my portfolio page. Getting all bent out of shape over this is useless,you really cant stop them. Should a professional model with experience alter and post a paying clients image then the company in question can go after them. I retain all rights to my B/W images and I allow the model to use them in their portfolio only(online or hard copy) Color images the model can _uck them up all they want, As long as I dont see them in an AD its all good. Aug 15 06 11:13 pm Link |
