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A Caution About MySpace
Old 04-23-2009, 10:00 AM   #1 (permalink)
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All:

I know some Garage Glamour members have commented that they have had good success in finding and working with models through MySpace. I have a presence there and have had mixed results but it would appear that MySpace has a very liberal interpretation of what is legal and what is not legal with regards to what happens on their site.

I found out several weeks ago that a model I photographed two years ago has stolen several of my images and has posted them on her MySpace page and is using them without my permission. I have emailed her and asked her to remove the images and gotten no response.

I have been trying to get in contact with someone at MySpace to address this issue and all of my efforts are being ignored by the powers that be at MySpace.

I have looked at the MySpace ToS and this person is clearly in violation. I have sent numerous emails to MySpace and all I get are canned responses that accomplish nothing. I have not been able to find a telephone number on the MySpace web site which is a direct violation of federal law. The MySpace help section is completely useless unless I want to report this person for harrassment or as a pedophile which is not the case.

Other than hiring a lawyer which I do not have the money or the time to do I don't see any other options. I have removed many of my photos from MySpace and have cut my participation there to a minimum and I want to caution the Garage Glamour members to be very careful in posting their images on MySpace because in my experience you just don't know where they will wind up.
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Re: A Caution About MySpace
Old 04-23-2009, 11:11 AM   #2 (permalink)
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why do you care?

its MySpace.

you shoot pics of a girl, you let them out electronically, they are going to be posted. period. end of subject.

this is not like you are loosing revenue.

it's MySpace. Probably also on her Facebook profile as well.

You want full and complete control over all of your images. Keep them on your computer.
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Re: A Caution About MySpace
Old 04-23-2009, 11:12 AM   #3 (permalink)
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Try sendimg them a DMCA notice: http://www.blogherald.com/2007/06/04...e-dmca-notice/
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Re: A Caution About MySpace
Old 04-23-2009, 03:30 PM   #4 (permalink)
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Yeah, it's practically impossible to contact someone at MySpace. Last year when they changed their TOS I wanted clarification on something. It took 4 months and multiple e-mails to get an answer. I wrote a blog about it.

http://blogs.myspace.com/index.cfm?f...ogId=406187505
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Re: A Caution About MySpace
Old 04-23-2009, 05:46 PM   #5 (permalink)
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Where these images of her or of somebody else? If they are of her, I think you just pretty much have to live with it if you had them posted somewhere or gave her a copy. Now if they are of somebody else, and she is trying to pass them off as her, then you have a bitch.
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Re: A Caution About MySpace
Old 04-23-2009, 10:30 PM   #6 (permalink)
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Well Dave to protect your business and reputation and to keep this from ever happening again, I think you should delete your myspace profile and cease doing business there. I mean if it is going to end up costing you Lawyer fees, there goes your profit, right?

On the other hand, I have shot over a hundred people I have met on myspace and they are free to post any and all photos from our shoot, I do not require they sign a model release, but they do have to be over 18.

They are still my photos and when girls I have shot had their photos used in Stuff (magazine) or on VH-1, guess what(?) they both knew they needed my permission before using them and had the girls NOT been able to post the photos, my work would not have been used...

Also, about a quarter of the people do repeat shoots with me, and half the people I shoot recommend someone, you think this girl you are in a pissing-match with is ever going to shoot with you again or ever recommend you for any photo gigs?

Of course you are free to have your own rules and views and if they work for you, it's fine with me, I'm just here to say there is another way at looking at this...
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Re: A Caution About MySpace
Old 04-23-2009, 11:02 PM   #7 (permalink)
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assuming the images being used are images that are not images of the person using them: a proper, full dmca takedown notice to copyrightagent@myspace.com will net action

if the images that are being used are of the person using them, i'm left scratching my head as to how you can get people to pay you to shoot them and then prohibit them from, you know, using the images. if that's the case, you'll have to prove prohibition of use to myspace for removal.

because a nearly universal truth is "that which is not specifically prohibited is allowed"
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Re: A Caution About MySpace
Old 04-24-2009, 08:34 AM   #8 (permalink)
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Sons A Bitches!!
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Re: A Caution About MySpace
Old 04-26-2009, 03:53 PM   #9 (permalink)
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Hey Dave,
I have been in the same situation you are in with these images, but got MySpace to remove them from the site. The steps I took were to go to the image, click on "Report This Image" and it will ask you if you want too, and we know that you do, and after that, it will ask you for your name and email, type of complaint, which "Copyright Violation" fits best I believe, and then it will ask for a description, and I'm sure you can adequately fill that out.
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