Forums > General Industry > My image was stolen and used for a gay sex line ad Search    Reply
123last
Model
CK Franklin LA and OC
Posts: 90

Ok, I have had fake myspaces made and online imposters but this is on a whole new level. I had some one notify on facebook that they had seen my face on an add on a local publication. That's alll the messege read. I was eager to find the publication so that I can see the advertisment(hoping it was an old job that I did) to my horrer I see my face plastered on a gay male call line. My hart sank to my stomach. There is a possibility of my family, old friends etc. seeing this and comming to all kinds of conclusions.

I have since called the photographer who called the co. On who's advertisment had my face. They said they would immidiatly remove the image. Hopefully that will be the end of the story. I don't own the rights to the image so I don't believe I can sue or anything. Has this happined to anyone else. This is my first modeling horror story and how fit that I find it on the day after holloween.
Nov 03 09 06:44 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

Any oppinions at all?
Nov 03 09 06:48 am  Link  Quote 
Photographer
wickedlove
Posts: 556

Depends did you sign a release form for that photo? Saying it could be used for commercial use? If you signed a release form for that photo then they have every right to use it. Otherwise you do have  a claim, but good luck with that in court.
Nov 03 09 06:48 am  Link  Quote 
Photographer
wickedlove
Posts: 556

CK Franklin  LA and OC wrote:
Any oppinions at all?

You do not need to bump your own thread. Wait until it at least off the bottom of the first page, or once a day. Otherwise you will just annoy others on here.

Nov 03 09 06:49 am  Link  Quote 
Photographer
Frog516
The Fist wielding The Hammer that's ready to pounce on those that live in the murky shadows of pestilentialness.
Posts: 26,861

if the photographer didnt sell them the pic, you can sue. If you didnt have a commercial release, you can sue. Contact a lawyer.
Nov 03 09 06:49 am  Link  Quote 
Photographer
Doug Swinskey
Posts: 16,305

Nov 03 09 06:50 am  Link  Quote 
Photographer
ghp
The Hammer
Posts: 22,187

While I understand how you feel about the ad, I also had to giggle a little.

I always wondered how the people in herpes and other embarassing commercials felt being known as the person with herpes on tv.

You are a model, your images can show up just about anywhere. If your friends and family know you model, let them know that it happened and if it happens again, to please understand it is simply an image of you purchased (hopefully) for advertising. That it is not something you are involved in or associated with.
Nov 03 09 06:53 am  Link  Quote 
Photographer
Robert Randall
Posts: 12,163

Did the photographer know you were gay when he shot the images, that may be why he used them in a gay pub.
Nov 03 09 06:54 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

I did sign a commercial release to the photographer with him explaining to me that it cannot be used for any sexual or exploytative(I think that's the word) use. He agreed after seeing the ad that it was not something he ever agreed upon.
Nov 03 09 06:56 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

Robert Randall wrote:
Did the photographer know you were gay when he shot the images, that may be why he used them in a gay pub.

haha and I'm not gay, jerk. Lol

Nov 03 09 06:57 am  Link  Quote 
Photographer
Cherrystone
Posts: 8,633

CK Franklin  LA and OC wrote:

haha and I'm not gay, jerk. Lol

Well that's not too polite.....

Nov 03 09 06:59 am  Link  Quote 
Makeup Artist
*lipstick*
Posts: 24,044

that sucks!
Nov 03 09 07:00 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

g.hansel photography wrote:
While I understand how you feel about the ad, I also had to giggle a little.

I always wondered how the people in herpes and other embarassing commercials felt being known as the person with herpes on tv.

You are a model, your images can show up just about anywhere. If your friends and family know you model, let them know that it happened and if it happens again, to please understand it is simply an image of you purchased (hopefully) for advertising. That it is not something you are involved in or associated with.

I admit it is a bit funny from an outsiders prospective but I can't help but feel a little violated

Nov 03 09 07:00 am  Link  Quote 
Photographer
robinpix
Posts: 215

Not to be mean, but to gain respect, use spell check........
Nov 03 09 07:01 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

robinpix wrote:
Not to be mean, but to gain respect, use spell check........

I'll think about it. Thanks

Nov 03 09 07:02 am  Link  Quote 
Photographer
Michael DBA Expressions
Posts: 924

wickedlove wrote:
Depends did you sign a release form for that photo? Saying it could be used for commercial use? If you signed a release form for that photo then they have every right to use it. Otherwise you do have  a claim, but good luck with that in court.

ONLY if the photographer in fact sold the image, but if it was truly stolen, the existence of a release makes no difference whatever.

After your post, the OP said the photographer told him that he had not authorized that usage, in which case both the OP and the photographer have possible grounds to sue. If the photographer registered his copyright, he should be able to recover damages. Beyond that, and completely independent of the copyright issue, the OP has grounds to sue for invasion of privacy.

It is worth noting, as well, that the courts in most states have held that even if the usage had been covered by a proper release, which is NOT the case here, releases cannot protect against uses that hold the model up to substantial ridicule or damage his reputation. A release can make such a suit more difficult, but that is irrelevant here.

OP: if you find you've got a real problem, you should contact an attorney about filing suit. I (as a non-attorney) think you would have grounds for recovery of damages.

Nov 03 09 07:07 am  Link  Quote 
Photographer
Paul Bryson Photography
Posts: 36,000

That happened to one of the models I shot...found his own pic on a gay hookup site. And the fucker who used it was stupid enough to leave my border & name on the pic. lol

We both got a good chuckle out of it. I told him he shoulda hit the dude up for some sex just to see how he responded.
Nov 03 09 07:07 am  Link  Quote 
Photographer
PYPI FASHION
Posts: 33,399

CK Franklin  LA and OC wrote:
I did sign a commercial release to the photographer with him explaining to me that it cannot be used for any sexual or exploytative(I think that's the word) use. He agreed after seeing the ad that it was not something he ever agreed upon.

Sounds like the photographer did not authorize the use. If the image was indeed stolen, I suggest you contact an attorney. Penalties start at $750.

http://library.findlaw.com/1998/Feb/1/130405.html

Nov 03 09 07:08 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

Michael DBA Expressions wrote:

ONLY if the photographer in fact sold the image, but if it was truly stolen, the existence of a release makes no difference whatever.

After your post, the OP said the photographer told him that he had not authorized that usage, in which case both the OP and the photographer have possible grounds to sue. If the photographer registered his copyright, he should be able to recover damages. Beyond that, and completely independent of the copyright issue, the OP has grounds to sue for invasion of privacy.

It is worth noting, as well, that the courts in most states have held that even if the usage had been covered by a proper release, which is NOT the case here, releases cannot protect against uses that hold the model up to substantial ridicule or damage his reputation. A release can make such a suit more difficult, but that is irrelevant here.

OP: if you find you've got a real problem, you should contact an attorney about filing suit. I (as a non-attorney) think you would have grounds for recovery of damages.

Thank you so much for this information

Nov 03 09 07:10 am  Link  Quote 
Photographer
Robert Randall
Posts: 12,163

CK Franklin  LA and OC wrote:

haha and I'm not gay, jerk. Lol

I know, I just thought you needed some light hearted fare to get you through the troubling times that surround a coming out event.... masked as a cry for help. 

http://i43.photobucket.com/albums/e372/mrpoodledoo/36_12_6.gif

Nov 03 09 07:29 am  Link  Quote 
Model
Porcelain Dollface
Posts: 69

big_smile
Nov 03 09 07:33 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

Robert Randall wrote:

I know, I just thought you needed some light hearted fare to get you through the troubling times that surround a coming out event.... masked as a cry for help. 

http://i43.photobucket.com/albums/e372/mrpoodledoo/36_12_6.gif

Haha touché my friend touché

Nov 03 09 07:34 am  Link  Quote 
Photographer
Hassy501
Posts: 996

..
Nov 03 09 07:34 am  Link  Quote 
Photographer
G Simpson
Posts: 200

I do not mean this disrespectfully:

Its difficult for me (and many other photographers and agents) to sympathize with people who want their image taken, to be made famous, to be paid supermodels, to have a career, who plaster their image WILLFULLY all over the internet, and yet who have not realized that this sort of thing will happen eventually (the more they do it) - it happens ALL the time in the world. Because that's how the world is. It is not the photographer's fault (often in these cases), or the release's fault. It is one of the prices you pay for having your image put out into the world. If it REALLY is that terrible for you then sue, but that will likely garner more attention and make you look like Tom Cruise on a bad day.

Like it or not, the more successful you become the more people will use your image in ways that don't represent the real you. If you truly are that concerned the someone somewhere might think that you might be gay, then you should reconsider modeling. It is something you should have thought of before you did it.

I'm sorry if that's blunt - from your post you sound like a really nice guy. But if I had a dime for every time I've heard this story...
Nov 03 09 07:35 am  Link  Quote 
Photographer
Click Hamilton
Posts: 12,955

La T wrote:
that sucks!

La T!!!

Nov 03 09 07:35 am  Link  Quote 
Photographer
Mark Salo
Posts: 2,068

CK Franklin  LA and OC wrote:
I did sign a commercial release to the photographer with him explaining to me that it cannot be used for any sexual or exploytative(I think that's the word) use. He agreed after seeing the ad that it was not something he ever agreed upon.

Can a written agreement be modified orally?

Nov 03 09 07:35 am  Link  Quote 
Model
Miss Anthrope 1007
Posts: 3,242

CK Franklin  LA and OC wrote:
Ok, I have had fake myspaces made and online imposters but this is on a whole new level. I had some one notify on facebook that they had seen my face on an add on a local publication. That's alll the messege read. I was eager to find the publication so that I can see the advertisment(hoping it was an old job that I did) to my horrer I see my face plastered on a gay male call line. My hart sank to my stomach. There is a possibility of my family, old friends etc. seeing this and comming to all kinds of conclusions.

I have since called the photographer who called the co. On who's advertisment had my face. They said they would immidiatly remove the image. Hopefully that will be the end of the story. I don't own the rights to the image so I don't believe I can sue or anything. Has this happined to anyone else. This is my first modeling horror story and how fit that I find it on the day after holloween.

Do you think the photographer could have let them use it hmm

Nov 03 09 07:36 am  Link  Quote 
Photographer
Hassy501
Posts: 996

G Simpson wrote:
I do not mean this disrespectfully:

Its difficult for me (and many other photographers and agents) to sympathize with people who want their image taken, to be made famous, to be paid supermodels, to have a career, who plaster their image WILLFULLY all over the internet, and yet who have not realized that this sort of thing will happen eventually (the more they do it) - it happens ALL the time in the world. Because that's how the world is. It is not the photographer's fault (often in these cases), or the release's fault. It is one of the prices you pay for having your image put out into the world. If it REALLY is that terrible for you then sue, but that will likely garner more attention and make you look like Tom Cruise on a bad day.

Like it or not, the more successful you become the more people will use your image in ways that don't represent the real you. If you truly are that concerned the someone somewhere might think that you might be gay, then you should reconsider modeling. It is something you should have thought of before you did it.

I'm sorry if that's blunt - from your post you sound like a really nice guy. But if I had a dime for every time I've heard this story...

Blaming the victim ?

Nov 03 09 07:36 am  Link  Quote 
Photographer
joeyk
Posts: 10,104

CK Franklin  LA and OC wrote:
My image was stolen and used for a gay sex line ad.

Any oppinions at all?

Well, at least you can say you're published now...

Nov 03 09 07:38 am  Link  Quote 
Photographer
GWCExtraordinaire
Posts: 944

Tear is a Tear! smile
Nov 03 09 07:38 am  Link  Quote 
Model
Miss Anthrope 1007
Posts: 3,242

CK Franklin  LA and OC wrote:
haha and I'm not gay, jerk. Lol
Robert Randall wrote:
I know, I just thought you needed some light hearted fare to get you through the troubling times that surround a coming out event.... masked as a cry for help. 

http://i43.photobucket.com/albums/e372/mrpoodledoo/36_12_6.gif

Hey Franklin, I think Robert is shyly trying to as you out on a date

http://i43.photobucket.com/albums/e372/mrpoodledoo/36_12_6.gif

Nov 03 09 07:39 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

DDC Studios wrote:
Tear is a Tear! smile

Haha this had me rolling

Nov 03 09 07:40 am  Link  Quote 
Photographer
Dallas J. Logan
Posts: 1,445

I have had more photos lifted from the internet and used on sex sites (with my watermark still on them).  I've gotten more phone calls from irate models thinking that I am giving/loaning/selling images to these sites and it is not the case... It happens.  I get in contact with the company with the usual cease and desist email and that usually takes care of it, they apologize and immediately remove the image.  The funny thing is then they contact me and ask if there are ANY photos that they CAN use. 

You can't control where your photo is going to end up when it is on the internet, luckily it is brought to your attention and you can do something about it, but your friends and family should know (if they do indeed know you) should not have anything to say about your character if your photo ends up on a gay website.  It doesn't depict you being gay or straight (unless, of course, the photos had you in 'compromising positions').
Nov 03 09 07:41 am  Link  Quote 
Photographer
Click Hamilton
Posts: 12,955

CK Franklin  LA and OC wrote:
Haha touché my friend touché

Choose your words carefully here.

Maybe Randall is the one reaching out.


EDIT: oops! Miss Anthrope beat me to it.

tongue

Nov 03 09 07:42 am  Link  Quote 
Photographer
Robert Randall
Posts: 12,163

Miss Anthrope 1007 wrote:

CK Franklin  LA and OC wrote:
haha and I'm not gay, jerk. Lol

Hey Franklin, I think Robert is shyly trying to as you out on a date

http://i43.photobucket.com/albums/e372/mrpoodledoo/36_12_6.gif

Shyly??? The guy is beautiful, what's this shyly crap.

Nov 03 09 07:43 am  Link  Quote 
Model
CK Franklin LA and OC
Posts: 90

Do you think the photographer could have let them use it hmm

I highly doubt it. We have worked together a few times. He's a really good guy

Nov 03 09 07:44 am  Link  Quote 
Photographer
Robert Randall
Posts: 12,163

Click Hamilton wrote:

Choose your words carefully here.

Maybe Randall is the one reaching out.

I know you know that I know the you know how funny that comment is when I see you reaching out to accept a handshake from your friend there! smile

Nov 03 09 07:45 am  Link  Quote 
Photographer
Hendrik in Munich
Posts: 206

My image was stolen too. It was used to, well, advertise certain services
to rich and lonely ladies. Note that I am a photographer and not a male model.
I didn't take any action, instead I opened a bottle of champagne for being
such a handsome guy smile Poor ladies paying for my services, though,
because they won't get the original wink
Nov 03 09 07:48 am  Link  Quote 
Photographer
Andy Hurvitz
Posts: 23

That is frustrating and perhaps embarrassing.

I would concentrate now on just showing off your professionalism and higher education in both your modeling work and in your written communications.
Nov 03 09 07:48 am  Link  Quote 
Photographer
Click Hamilton
Posts: 12,955

Robert Randall wrote:
I know you know that I know the you know how funny that comment is when I see you reaching out to accept a handshake from your friend there! smile

Don't worry Bob. Your secrets are safe with me.

Nov 03 09 07:48 am  Link  Quote 
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