Forums > General Industry > Pictures being used without consent.

Model

Kayla Donia

Posts: 185

Vancouver, Washington, US

I have a photo in my MM profile of me with my longboard that my boyfriend designed for me.

The photo is on here, and on my Myspace. A Friend of mine told me the other day that he saw it on a longboard website, although he couldn't remember the URL. I, nor the photographer gave consent for those photos to be used. Is it possible for me to get in trouble for 'leaking' the photos out? I signed a release so I'm wondering if I can get into any trouble for them showing up on a different website.

Oct 13 06 12:20 am Link

Photographer

ericphotonyc

Posts: 538

Brooklyn, New York, US

Who is going to sue you?  The photographer?

Oct 13 06 12:22 am Link

Photographer

klkphotography

Posts: 16

Newport Beach, California, US

why would you get in trouble? The photographer owns the photos because he/she took them and you signed the release, therefore they can do anything with them, including advertising. No worries, your pretty face is just out there for more people to see! smile

Oct 13 06 12:24 am Link

Model

e-string

Posts: 24002

Kansas City, Missouri, US

Generally the model is allowed to use images for self-promotion, so as long as you aren't accepting $ for them you should be fine (unless the release you signed stated something else).

Oct 13 06 12:25 am Link

Photographer

Kinetic Photography

Posts: 517

I think you are saying the photographer has the rights to the pictures but didnt give permission to the website to use them ?  If thats the case then you are not guilty of anything.

Oct 13 06 12:26 am Link

Model

Kayla Donia

Posts: 185

Vancouver, Washington, US

Kristik wrote:
why would you get in trouble? The photographer owns the photos because he/she took them and you signed the release, therefore they can do anything with them, including advertising. No worries, your pretty face is just out there for more people to see! smile

No, sorry, I think you misunderstand, the photographer didn't give consent for the photos, that's what I'm worried about.

Oct 13 06 12:27 am Link

Photographer

Giacomo Cirrincioni

Posts: 22234

Stamford, Connecticut, US

On a side note, I love the longboard!  I almost bought a killer custom one in Maui and didn't and I've been kicking myself for a year....

Oct 13 06 12:27 am Link

Photographer

Arizona Shoots

Posts: 28822

Phoenix, Arizona, US

Look on the bright side. You are now a published model. In many cases this is more of a problem for the photographer than the model.

Oct 13 06 12:29 am Link

Model

Kayla Donia

Posts: 185

Vancouver, Washington, US

Paramour Productions wrote:
On a side note, I love the longboard!  I almost bought a killer custom one in Maui and didn't and I've been kicking myself for a year....

I love my board, between my boyfriend and I we have 4, it's my favorite thing to do EVER. The only problem is falling = scrapes, which = scars.

Oct 13 06 12:33 am Link

Photographer

Searcher

Posts: 775

New York, New York, US

Find the website and tell the photographer about it. He needs to know.

Oct 13 06 01:18 am Link

Model

Keeper

Posts: 293

Glen Burnie, Maryland, US

You're not at fault here, the website is. I don't get the impression that you contacted the company and said "Here's this picture, post it!" Even if they took it off your myspace, or hell, even goggle-images, they're the ones that published it without permission.

Oct 13 06 08:10 pm Link

Photographer

RGK Photography

Posts: 4695

Wilton, Connecticut, US

Suzan Aktug wrote:
I have a photo in my MM profile of me with my longboard that my boyfriend designed for me.

The photo is on here, and on my Myspace. A Friend of mine told me the other day that he saw it on a longboard website, although he couldn't remember the URL. I, nor the photographer gave consent for those photos to be used. Is it possible for me to get in trouble for 'leaking' the photos out? I signed a release so I'm wondering if I can get into any trouble for them showing up on a different website.

I am assuming that you had permission to use them for your promotion, or otherwise how did you get copies?

BTW
You have a great port.

R

Oct 13 06 10:10 pm Link

Model

Kayla Donia

Posts: 185

Vancouver, Washington, US

RGK Photography wrote:

I am assuming that you had permission to use them for your promotion, or otherwise how did you get copies?

BTW
You have a great port.

R

Yes but I thought that in a standard release, using them for my promotion, and them being published on a website are two totally different things?

Oct 14 06 04:15 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Suzan Aktug wrote:

Yes but I thought that in a standard release, using them for my promotion, and them being published on a website are two totally different things?

Yes they are two different things, but unless you were the one who gave them to the web site, and unless you got money for them, then you have nothing to worry about.

From what I understand of your post you're just concerned because a friend happened to find the photos.  Don't worry... that's the photographer's job to worry about.

Oct 14 06 04:34 pm Link

Photographer

Tim Little Photography

Posts: 11771

Wilmington, Delaware, US

Suzan Aktug wrote:
Is it possible for me to get in trouble for 'leaking' the photos out? I signed a release so I'm wondering if I can get into any trouble for them showing up on a different website.

If you didn't submit the photo to the people using it then you haven't done anything wrong. There is no "Leaking" of photo's, if they took it from your Myspace or MM site its stealing. As you have explained it you have done no wrong.

Oct 14 06 05:07 pm Link

Photographer

Michael Donovan

Posts: 1678

Chicago, Illinois, US

You're fine! You used them to promote yourself and you probably OK's that with eth photographer through the release. If you sold it, or gave unauthorized permission to the company, you would be in trouble. But, since you didn't, the COMPANY is in trouble.

I had a situation the other day where a jackass in LA was using my images to promote his photography. I found  out through one of the models. WIthin minutes I was calling him, emailing him, sending him MySpace messages, and posted his website on several boards around the internet. My lawyers are now in contact with him for stealing work, using it to promote himself, and damages.

Again- you did not steal anything... you have the right to use them for yourself!!!

Oct 14 06 07:30 pm Link