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Maxim, models, and useage
Old 04-24-2006, 03:42 PM   #1 (permalink)
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Oh lucky me! Seems a model I shot has <a href="http://www.maximonline.com/hotties/votingprofile.aspx?id=14960" target="new">submitted a photo I took of her to Maxim's Hometown Hotties contest</a>. The image she submitted had my handy little copyright bar at the bottom which has been oh-so-nicely removed from the image.

According to Maxim's rules and regulations, "The entrant must own the copyright to the photos or the entrant will be required to have the copyright owner (that is, if your photos were taken by a professional photographer, for example) complete a Copyright Release. We will tell you how to get a Copyright Release if and when you’re contacted for the contest. Also, the copyright owner will not receive payment from Maxim, which brings us to our last point…We will not provide any sort of byline or photographer recognition. " The model does not have any such document from me, nor was one requested.

So here's the $20,000 question - what would you do if your image was being used uncredited and unpaid for like this?

...and No, I won't consider this a tear sheet
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Re: Maxim, models, and useage
Old 04-24-2006, 04:28 PM   #2 (permalink)
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I'm not inclined to let her get away with it. You could contact Maxim now, or wait and see how she does. It might be fun to wait until she were in the finals and then report it. Then again I'm kinda cranky and snarky today, so YMMV on any advice I give today.
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Re: Maxim, models, and useage
Old 04-24-2006, 04:34 PM   #3 (permalink)
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I'd just e-mail Maxim and let them know.
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Re: Maxim, models, and useage
Old 04-24-2006, 04:36 PM   #4 (permalink)
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You need to contact both the model and Maxim immediantly!

First off, I can't beleive that they just posted her images without your signed release, maybe she had it forged, mybe she lied and said her boyfriend to the images. Either way, they need to pull the images and disqualify this young lady.

You also need to let her know what she did wrong. Maybe she is just naive, but that needs to be corrected before she gets herself into some big trouble.

Good luck and keep us posted!
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Re: Maxim, models, and useage
Old 04-24-2006, 04:57 PM   #5 (permalink)
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I was chatting with Ed after he posted this thread. To head off some of the speculation (I hope you don't mind!) Ed said, in reference to the model's manager:

Quote:
he thought that since it was a TFP shoot that there was a "shared copyright".....he didn't crop off the copyright bar - she gave him the CD I burned for her and he edited the pix himself
So it would appear that there was a violation of usage rights, but no fraudulent intent.
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Re: Maxim, models, and useage
Old 04-24-2006, 04:59 PM   #6 (permalink)
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Quote:
Originally Posted by eselby
So here's the $20,000 question - what would you do if your image was being used uncredited and unpaid for like this?

...and No, I won't consider this a tear sheet
Hi Ed

Have you file for copyright yet?

This was a while ago, with a different mag but the same thing happened to me. My image had been filed. I didn't contact anyone except my lawyer. He called me one day and asked if I would accept $2500. I said yes. To earn his $1600 on top of my $2500 all he did was send two letters and make one phone call to them.

Keep us posted.

-- Dave
 
 
Re: Maxim, models, and useage
Old 04-24-2006, 05:21 PM   #7 (permalink)
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Quote:
Originally Posted by BGPhoto
I was chatting with Ed after he posted this thread. To head off some of the speculation (I hope you don't mind!) Ed said, in reference to the model's manager:

"he thought that since it was a TFP shoot that there was a "shared copyright".....he didn't crop off the copyright bar - she gave him the CD I burned for her and he edited the pix himself"

So it would appear that there was a violation of usage rights, but no fraudulent intent.
There is no shared copyright unless there are documents spelling this out. The manager and the model plead stupidity and hope that Ed is a nice guy and will let it slide. The fact remains that Maxim gets a FREE image to publish, not just in the mag but in ANY commercial usage if they wish to promote with the image. The model stands to gain from exposure. The manager stands to gain from the model's potential gains. And Ed, the owner of the copyrighted image, gets nothing.

Always protect/defend your copyright.

-- Dave
 
 
Re: Maxim, models, and useage
Old 04-24-2006, 05:27 PM   #8 (permalink)
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Quote:
Originally Posted by DaveScott
There is no shared copyright unless there are documents spelling this out. The manager and the model plead stupidity and hope that Ed is a nice guy and will let it slide. The fact remains that Maxim gets a FREE image to publish, not just in the mag but in ANY commercial usage if they wish to promote with the image. The model stands to gain from exposure. The manager stands to gain from the model's potential gains. And Ed, the owner of the copyrighted image, gets nothing.
Always protect/defend your copyright.
-- Dave
I agree Dave. I guess I could see the model being naive, but absoloutly NOT the manager!!! If he doesn't know his basic rules, he has no business being in the business, bottom line.
I do think that since this is a fraudulent submission, Maxim will pull it, I hope.
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Re: Maxim, models, and useage
Old 04-24-2006, 06:24 PM   #9 (permalink)
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That is why you should embed Digimarc very hard to remove but can be read
even after it is printed in hard copy. Then sue per copy.
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Re: Maxim, models, and useage
Old 04-24-2006, 06:28 PM   #10 (permalink)
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Quote:
Originally Posted by Bevan
That is why you should embed Digimarc very hard to remove but can be read
even after it is printed in hard copy. Then sue per copy.
That would be a waste of time, money, and resources.
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