Lallure Photographic wrote:
The thing you need to recognize, is that when someone they know, starts criticizing their behaviors, they change their mind, about what they were willing to do.

Daren King wrote:
…. I have no idea what they do next.

Well, that's really what counts isn't it?   I certainly don't blame Youtube for contacting you when someone reports an alleged violation to them.  The question of course is what does Youtube do once they know you have a valid release and there is in fact no violation?

Daren King wrote:
Also, I cant believe the model would file a complaint over a paid shoot that she knew was going to be SPECIFICALLY used on Youtube

People sometimes change their mind down the road, which is of course the very reason to have a model release, to hold them accountable for a decision they made and not be able to just withdraw consent whenever it so suits them.  Hopefully Youtube will see you have a proper release and make the right decision.

Glamour by Glenn wrote:
Did YouTube tell you who filed the complaint? I had a video removed because someone else claimed it was theirs (it wasn't, I shot it). It was difficult to get YouTube to tell me who filed the takedown notice. It turned out to be a very large media company who does it on many videos for reasons unknown.

It is an interesting distinction that a "privacy" complaint was filed and apparently not a "DMCA notice." At least you choose to describe it as a "privacy" complaint for which I leave it to you to clarify, if you like, that it was or wasn't. Had it been a DMCA notice on copyright grounds, however, they would certainly have been obligated to tell you from whence it came. And taking it a step further, it is a clear offence in law to knowingly file a false DMCA notice, which must be submitted under a penalty of perjury statement.

Studio36

https://www.youtube.com/static?template … guidelines
"Receiving notice of a privacy violation

YouTube provides you, the uploader, with an opportunity to remove or edit the private information within your video. We email you about the potential violation and allow you 48 hours to take action on the complaint. If you remove the alleged violation from the site within the 48 hours, the complaint filed will then be closed. If the potential privacy violation remains on the site after 48 hours, the complaint will be reviewed by the YouTube Team." ...

But, whilst they consider on the part of the complaining party the question of consent, they also refuse outright to review the consent that the uploader may have in fact obtained [e.g. a model release]

[from same page as above]
"What if I've obtained consent from the individuals?

Unfortunately we cannot accept or review agreements granting consent before the video was uploaded. Thus, we may still have to remove your video based upon the complaint."

Nice!

Studio36

studio36uk wrote:
Nice!

Studio36

As ever - worth exactly what you pay for it.

studio36uk wrote:
Nice!

Studio36

Virtual Studio wrote:
As ever - worth exactly what you pay for it.

I know how I would handle that s*it!  LOL

Studio36

Daren King wrote:
"What if I've obtained consent from the individuals?

Unfortunately we cannot accept or review agreements granting consent before the video was uploaded. Thus, we may still have to remove your video based upon the complaint."

When I responded to the email I said that I had a full signed release form.  Based on what you just posted it appears that wont be worth anything to Youtube.

I am going to email the model and demand she withdraw her complaint.

Before doing that first have a look at the actual complaint process AND consider anything else that is publicly available:

https://support.google.com/youtube/answer/142443?hl=en

Page 3 of 6   [she should have contacted you first]

Page 5 of 6   [she should not be making a false complaint]

I would further suggest that if, as you claim, there are images of her that can be searched or otherwise found on the open internet, that vis a vis YT for any similar, or even exact, content she may have no complaint at all, and that it might serve you well to gather that evidence together and keep it on file.

Studio36

Side note: I guess it wouldn't hurt, considering that she was: 1) paid; and 2) signed a release, that if she insists that it be taken down, and in the case of YT forces it to be taken down, that you will be asking for the payment you made to her back + any costs you incur,... and you will consider doing that in court if necessary. Her choice.

N.B. You can NOT word that as a "threat," [that you WILL sue] but you can state that it is something you can "consider" if she chooses to be uncooperative in reaching a suitable and acceptable settlement on this YT issue, and causes you to loose the use of the work on YT but without you having any effective recourse to YT.

Daren King wrote:
Yes, today the model informed me it was her that filed the complaint.  We have been discussing the issue and trying to resolve it.

at least get your money back plus interest and a service fee from the modeling job and and not honoring the release that she signed.

WCR3 wrote:
OP: I've read through this thread twice, and maybe I still missed it, but do you know for a fact it was the model and not some other party?

If not, it could be that something showed up in the video you made with your new Canon and two GoPros that invaded someone's privacy, at least in their opinion.

Can you clarify whether you know it was the model or you just assume it was the model?

By YT rules - ONLY - the person claiming to have had their privacy violated can file the report. e.g. a husband or other family member can not do it. So if it is the model that appears in the OP's video, and she appears alone in that work, then it must, by the most rudimentary deduction, be her. If it is not her and YT will ot reveal who it was then there is not much that can be done short of getting a lawyer and the courts involved to force them to disclose the identity of the complaining party.

Studio36

Daren King wrote:
Yes, today the model informed me it was her that filed the complaint.  We have been discussing the issue and trying to resolve it.

I hope you are able to work something out to everyone's satisfaction. But to be clear, when you originally posted, you didn't know if it was she or someone else who complained.

Let us know how it was resolved. You have our curiosity piqued.

Daren King wrote:
Yes, today the model informed me it was her that filed the complaint.  We have been discussing the issue and trying to resolve it.

Leonard Gee Photography wrote:
at least get your money back plus interest and a service fee from the modeling job and and not honoring the release that she signed.

Yes!

Studio36

Daren King wrote:
Yes, today the model informed me it was her that filed the complaint.  We have been discussing the issue and trying to resolve it.

I don't understand why the model didn't contact you instead of filing a complaint. Did she say why she filed?

Daren King wrote:

She said she didn't know the YT account was mine and that's why she didn't contact me.  Personally I have a hard time believing that but oh well.

Yes she gave a reason why she reported it and it was just as I had assumed.  She is now on a very highly rated television show and she is worried about her image.  However, the two videos that were posted are so tame and PG rated I am shocked.

That sucks....did she offer to give your money back?

Daren King wrote:
** sorry folks, due to possible legal actions I need to close this thread **

So you're suing a model over this? You're going to hire an attorney and spend hundreds, if not thousands of dollars to sue a model over a youtube video you created and she wants removed? Sorry, I don't believe you.

OK, I'm just going to say it. I don't buy the entire story and I think the OP is just full of shit on the entire thing. Have you guys bothered to read any of the other threads train wrecks this individual has started??? I doubt anyone in the history of this industry has ever had the volume of drama that this person has had and all of it sounds about as real as a Michael Bay movie. Sorry boys and girls, I think everyone here has just been feeding the troll.

https://www.modelmayhem.com/forums/post/939832

https://www.modelmayhem.com/forums/post/938352

Shot By Adam wrote:
So you're suing a model over this? You're going to hire an attorney and spend hundreds, if not thousands of dollars to sue a model over a youtube video you created and she wants removed? Sorry, I don't believe you.

OK, I'm just going to say it. I don't buy the entire story and I think the OP is just full of shit on the entire thing. Have you guys bothered to read any of the other threads train wrecks this individual has started??? I doubt anyone in the history of this industry has ever had the volume of drama that this person has had and all of it sounds about as real as a Michael Bay movie. Sorry boys and girls, I think everyone here has just been feeding the troll.

https://www.modelmayhem.com/forums/post/939832

https://www.modelmayhem.com/forums/post/938352

Well, in it's simplest form if the OP just wants to be repaid for his losses, and a rational monetary value can be assigned to that, then it may be a claim ripe even for small claims court, and thus no attorney would even be required or are the costs prohibitive, AND a small claims court can offer that kind of relief, even where they can not order specific performance or injunctive relief. This is, or certainly does not seem to be a great departure from, a simple breach of contract claim.

Studio36

Daren King wrote:
** sorry folks, due to possible legal actions I need to close this thread **

Once again it is not clear what is happening. Is OP bringing an action to recover what he paid the model, or at least considering it? Or is she bringing an action against him for allegedly usurping her name, image and likeness (right of publicity). Or did he just get tired of the thread?

Shot By Adam wrote:

I am aware of the OP's history and share your concerns
Clare is that you ?

Shot By Adam wrote:

So you're suing a model over this? You're going to hire an attorney and spend hundreds, if not thousands of dollars to sue a model over a youtube video you created and she wants removed? Sorry, I don't believe you.

Sorry, I don't care.

Daren King wrote:

Sorry, I don't care.

Yeah, and therein lies the crux of most of your drama.