Forums > General Industry > a picture i took got used on buzznet.com

Photographer

jon mmmayhem

Posts: 8233

Philadelphia, Mississippi, US

in amongst all the celebrity gossip about Paris, Lindsay, and, uh, Bill O'Reilly (wtf?), it seems my friends/frequent subjects Audrey and Zui have worked their way onto the radar of the people at buzznet.com

this picture ended up on the site less than 24 hours after it got taken and put on their website.

i guess chalk it up as another example of people using my pictures in high-profile places that i will never actually get paid for.

https://www.friedbumblebees.com/trashycap.jpg

Oct 21 06 10:10 am Link

Photographer

jon mmmayhem

Posts: 8233

Philadelphia, Mississippi, US

surprisingly, it's still there
i guess the world of celebrity gossip doesn't move as fast as i thought.
i'm still curious about whether or not i should be stoked or bummed (since i didn't get paid or anything)

Oct 22 06 10:02 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

So what's the deal? Is it or isn't it infringing? You don't say but only hint that it might be.

If it is infringing then why haven't you [DMCA] nuked it yet?

If it is infringing and you haven't nuked it... why are you complaining about it here?

Studio36

Oct 22 06 10:39 am Link

Photographer

jon mmmayhem

Posts: 8233

Philadelphia, Mississippi, US

i'm asking about it here because i don't even know.
i gave Audrey and Zui the pictures to use on their site (the trashy life), and now someone else (buzznet) is using one of them.
ostensibly, buzznet is promoting them, or hyping them, or something.
i don't really mind, i just don't know what to make of it all.

Oct 23 06 11:33 am Link

Photographer

timothy dolph creative

Posts: 409

Encinitas, California, US

Who is Audry and Zui anyway?

Oct 23 06 11:36 am Link

Photographer

jon mmmayhem

Posts: 8233

Philadelphia, Mississippi, US

they're internet famous for... um... being internet famous?
hard to say, really.
if you look at the pictures i have of them in my portfolio, i have a link to an article written about them and the legions of girls who, for some reason, role-play them as if they were characters on a WB Teen Drama.

Oct 23 06 11:41 am Link

Photographer

aesthetix photo

Posts: 10558

Macon, Georgia, US

jon mmmayhem wrote:
i'm asking about it here because i don't even know.
i gave Audrey and Zui the pictures to use on their site (the trashy life), and now someone else (buzznet) is using one of them.
ostensibly, buzznet is promoting them, or hyping them, or something.
i don't really mind, i just don't know what to make of it all.

When you say you "gave" them the photos, did you give them the rights to reproduce, sell, or distribute your photos? 

I would contact buzznet, state you are the photographer who holds the copyright on that image (unless you gave it away as per above) and then request compensatory actions (payment, plus listed credit).  If they refuse, and you still hold copyright, a C&D letter will be required unless you have no problem with them using your work and not giving you your due. 

It all depends on what arrangement you have with the models.

Oct 23 06 12:35 pm Link

Model

LanaV

Posts: 213

Los Angeles, California, US

Mine are showing up in a lot of unauthorized locations as well.

Oct 23 06 12:38 pm Link

Photographer

aesthetix photo

Posts: 10558

Macon, Georgia, US

LanaV wrote:
Mine are showing up in a lot of unauthorized locations as well.

Are you doing anything to prevent it or to at least get compensation?

Some models/photographers are flattered when their images get used, and they expect that it's part of the business.  It is.  But it's also part of the business to go after them and get compensated if you hold the rights to the image in question.

Oct 23 06 01:01 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Jon, absent some other explanation your licensing is simply NOT tight enough.

My [written] license allows [self promotional] use under the model's DIRECT control... e.g. THEIR OWN WEBSITE... or making prints for distribution to clients... or use on comp cards... but they still can not authorise third party independent use on the Internet or as printed copies except in very, very limited and delineated circumstances.

One of my main objections is that the layout contains this adjacent graphic [below] attached to the girl's image and without a break, border or frame between the two. The site's own graphic also directs the user to another part of the site completely separate from the girl's images. Because the two elements are not separate and distinct as presented on the page you have illustrated in your orig msg, then one could argue that buzznet.com are using your image in conjunction with their graphic to create an advertisement [clearly commercial use] for their own purposes.

https://cdn-99.cdn.buzznet.com/assets/pages/festival/leftbamboozle3.gif

ALT TEXT: [image descriptive meta text] "Check Out the Bamboozle Left Contest"

To me that woud be a distinctly objectionable use of the photo in the context of the girl's SELF promotion. Buzznet.com are using it for their own promotion.

I don't think whoever owns the © to Paris' and Nicole's picture would see it any differently either.

Studio36

Oct 23 06 01:16 pm Link

Photographer

luciano Mello

Posts: 684

São Paulo, São Paulo, Brazil

Make it a big Buzz about.... ops...

Oct 23 06 01:18 pm Link

Photographer

jon mmmayhem

Posts: 8233

Philadelphia, Mississippi, US

yeah, see, i'm not really upset, just confused about the whole fiasco.
i'd like the credit, above all, but i don't expect anything to come of this.
i don't have anything signed with Audrey or Zui about this, no contracts, no anything.
we've been friends for years, back when her pictures were just fodder for myspace and livejournal.
now she's getting more exposure, and, by extension (no pun intended), so am i.
but we still never got around to signing contracts or waivers or agreements on anything ever.
it time we should, i guess.

Oct 23 06 03:28 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

jon mmmayhem wrote:
yeah, see, i'm not really upset, just confused about the whole fiasco.
i'd like the credit, above all, but i don't expect anything to come of this.
i don't have anything signed with Audrey or Zui about this, no contracts, no anything.
we've been friends for years, back when her pictures were just fodder for myspace and livejournal.
now she's getting more exposure, and, by extension (no pun intended), so am i.
but we still never got around to signing contracts or waivers or agreements on anything ever.
it time we should, i guess.

Then you should look at the other images of the girls there. They have the name and or the web address for the photographers. Notably yours doesn't. If it's credit you want then you are going to have to watermark the images and make sure the watermark stays visible however the stuff is used.... sent you a PM

Studio36

Oct 23 06 06:08 pm Link