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Am I a jerk....
Old 09-30-2005, 03:27 PM   #1 (permalink)
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Let's say you have a model that you worked with TFP, you have her a CD of images from the shoot, and then let's say she uses them on her own pay site without telling me she was going to do so and let's say you don't have a model release, no paperwork was exchanged, thus, I never game him/her permission to profit from the photos.

Being the copyright holder, do I have right to request they be taken down since I didn't give him/her explicit rights to publish the photos or am I just being a jerk for being bitter about the fact that he/she didn't ask my permission and I didn't make a dime off of any of it whereas he/she is?

Just goes to show you can't trust everyone you work with even if you are friends wit them [img]/ubbthreads/images/graemlins/mad.gif[/img]

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Re: Am I a jerk....
Old 09-30-2005, 03:35 PM   #2 (permalink)
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NO you are not a jerk.

And in MY opinion you have every right to ask or demand thatthey take them off the site. as far as you recovering for what they sold.. I have no idea, I ain't a lawyer.
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Depends...
Old 09-30-2005, 03:39 PM   #3 (permalink)
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...if you want to work with her again. Did you talk to her about it?

IMHO, no biggie if you didn't discuss it beforehand as it could be an honest mistake. if you did talk about it, and she did it anyway, then you should be pissed and start making demands. If you want them down becuase it may defame you, you have every right and should ask for them to be taken down. And she'll never work with you again. (this also could not be a big deal. Plenty of models out there.)

Talk to your model before you toss all the legalise around....you may find she'll totally understand and work it out with you.

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Re: Am I a jerk....
Old 09-30-2005, 05:53 PM   #4 (permalink)
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another lesson in obtaining a release that specifies each parties' rights in using the images.
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Re: Am I a jerk....
Old 09-30-2005, 05:57 PM   #5 (permalink)
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You're not a jerk, that is YOUR property and the model does not have a right to profit from it. And I'm guessing that if they have their own paysite, they are smart enough to know better. K some A for all of us!
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Well, let me take a different tack...
Old 09-30-2005, 06:20 PM   #6 (permalink)
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You apparently photographed the young lady and got no release. What plans did YOU have for the images? Obviously without a release, they would have been of little value to you.

So now she's using them to make some bucks... Do you want her to take them down, give you credit for the work, or pay you something for your efforts?

I'd say options 2 or 3 make a bit more sense... but that's just my thinking. Of course she will balk at option 3. Just goes to show ya gotta communicate and document stuff up front.

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Re: Am I a jerk....
Old 09-30-2005, 06:35 PM   #7 (permalink)
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[ QUOTE ]
another lesson in obtaining a release that specifies each parties' rights in using the images.

[/ QUOTE ]

Not arguing that one bit...even mentioned it [img]/ubbthreads/images/graemlins/grin.gif[/img]
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Re: Am I a jerk....
Old 09-30-2005, 06:37 PM   #8 (permalink)
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[ QUOTE ]
[ QUOTE ]
another lesson in obtaining a release that specifies each parties' rights in using the images.

[/ QUOTE ]

Not arguing that one bit...even mentioned it [img]/ubbthreads/images/graemlins/grin.gif[/img]

[/ QUOTE ]

yep. i know. just driving the point home... into my own melon as well! i been guilty of doin the same more often than i want to admit.
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Re: Well, let me take a different tack...
Old 09-30-2005, 06:38 PM   #9 (permalink)
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[ QUOTE ]
You apparently photographed the young lady and got no release.

[/ QUOTE ]

Yes, I mentioned that....

[ QUOTE ]
What plans did YOU have for the images? Obviously without a release, they would have been of little value to you.

[/ QUOTE ]

I had no other plans other than for portfolio usage...stupidly perhaps, I'm an honest person and would have told her exactly my intentions if they had been anything other than self promotion.

Guess that's why I am so tiffed is she wasn't honest about it...

What do I want? Nothing other than for her to take them down or pay up some royalites, but more so than anything, for her to see my point of view.
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Re: Am I a jerk....
Old 09-30-2005, 06:40 PM   #10 (permalink)
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[ QUOTE ]

yep. i know. just driving the point home... into my own melon as well! i been guilty of doin the same more often than i want to admit.

[/ QUOTE ]

Understand...it's one of those cases where "it won't happen to me", ignorance on my part, no doubt.
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