Forums > General Industry > Are YOUR photos being used here?

Photographer

Lund Photography

Posts: 890

Puyallup, Washington, US

http://www.luckicharms.com

(*please nudge into right spot if this isn't the right forum*)

Nov 09 06 07:07 pm Link

Photographer

Lund Photography

Posts: 890

Puyallup, Washington, US

*bump*

Nov 09 06 07:37 pm Link

Photographer

UnoMundo

Posts: 47532

Olympia, Washington, US

another rip-off..two of the models there I have photographed..

Nov 09 06 07:39 pm Link

Photographer

Lund Photography

Posts: 890

Puyallup, Washington, US

UnoMundo Photography wrote:
another rip-off..two of the models there I have photographed..

I'll bet they don't know they're on the site..

Nov 09 06 07:41 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

"Rhonda" from Kansas is on MM, I'm messaging her name. Her name is Kendall.

Nov 09 06 07:55 pm Link

Photographer

CLONE

Posts: 461

Salisbury, Maryland, US

Administrative Contact:
azelle hall
Phone: 503-810-2812
E-mail: [email protected]

Technical Contact:
Namesecure Inc.
Phone: 570-708-8418
E-mail: [email protected]

Nov 09 06 08:01 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

I also contact David Fish here on MM to let him know some of his images are up there. His logo was on the pictures of another Kansas model.

Nov 09 06 08:03 pm Link

Photographer

Lund Photography

Posts: 890

Puyallup, Washington, US

Well I've seen Croslins and GW's photos too..

I'll bet most models don't even know they're on this site.. Let alone photogs allowing the use of photos..

Nov 09 06 08:05 pm Link

Photographer

CLONE

Posts: 461

Salisbury, Maryland, US

Lund i bet GW will get  pissed

Nov 09 06 08:08 pm Link

Photographer

Rich Cutrone

Posts: 57

Tampa, Florida, US

two models i have shot are on there as well...daniela and sarah!

Nov 09 06 08:08 pm Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

yea I have messaged a few photographers already. I clicked on Florida and saw Eddie Baute's images. I let him know.

Nov 09 06 08:15 pm Link

Photographer

Lund Photography

Posts: 890

Puyallup, Washington, US

*bump*

Nov 09 06 08:40 pm Link

Photographer

SayCheeZ!

Posts: 20621

Las Vegas, Nevada, US

Nov 09 06 09:58 pm Link

Photographer

Jack North

Posts: 855

Benicia, California, US

i never checked these guys out, but I get used to get a lot of spam from them, I black listed them in my email  over a month ago.

edited - i just saw a model that I have worked with there. it looked like a portfolio site. it says read the faq - and there isn't any faq.

Nov 09 06 10:01 pm Link

Photographer

Lund Photography

Posts: 890

Puyallup, Washington, US

The models can't be giving them those photos, because they (the site) are stealing them from here on MM and other sites..

Example:

http://www.luckicharms.com/oregon/image … 2bc30f.jpg

and

https://img4.modelmayhem.com/060624/01/ … 2bc30f.jpg

Note the files names are EXACTLY the same?

Nov 09 06 10:34 pm Link

Model

Loretta Lightningbolt

Posts: 4127

DEVILS ELBOW, Missouri, US

Crap.

Nov 09 06 10:39 pm Link

Photographer

Paris Photography

Posts: 45

Portland, Oregon, US

My images have been taken directly from this website and resposted on his site with the watermarks cropped off. The model in question had never heard of this site or applied to be on it. I have found 12 of my images so far.

It is also reported that this site collects fees from potential clients before contact models about jobs. My assumption this is his motivation for the stock of unknowing talent vs any legitmate attempt to find work for models.

Nov 09 06 11:01 pm Link

Photographer

Sophistocles

Posts: 21320

Seattle, Washington, US

Too bad it appears that it's likely just a mailbox, but...

Spinster Entertainment
1709 Southwest Morrison
Suite #309
Portland OR, 97205

Nov 09 06 11:10 pm Link

Photographer

Wolf 189

Posts: 4834

Las Vegas, Nevada, US

I have found one image of mine, so far.

Thank you for posting.

Cheers

Wolf

By the way I had a similar problem with this site recently that I resolved it.

Please check to see if any of your photos are being used there without permission:

http://los4fantasticos.fotki.com/1_4fantastic_models/

Nov 09 06 11:47 pm Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

DMCA INFORMATION FOR THIS THREAD:

A trace shows the host of http://www.luckicharms.com as
http://www.interland.net [formerly known and dba as internatland but became Web.com, Inc]
but the underlying hosting company website is now:
http://www.web.com/

Corporate Headquarters [web.com]
Phone: 404.260.2477
Fax: 404.260.2542
Address: Web.com, Inc.
303 Peachtree Center Avenue
5th Floor
Atlanta, GA 30303

DMCA Notices - read in full before filing
http://www.web.com/legal/dmca-policy.aspx

[in part]
To file a notice of infringement with us, you must provide a written communication(by fax or regular mail—not by email, except by prior agreement) that sets forth the items specified below....

To help us in processing your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed.
2. Identify the material that you claim is infringing the copyrighted work in item #1 above.
3. Provide information reasonably sufficient to permit Web.com to contact you (e-mail address is preferred).
4. Provide information, if possible, sufficient to permit Web.com to notify the Web.com subscriber of the infringing material.
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:

Robin Shetler
Web.com
303 Peachtree Center Ave, Suite 500
Atlanta, GA 30303
404-260-2506 - fax

--------

ALSO SEE: http://www.tnamodels.com [also has photos - probably may of the same ones]

This one is a bit tougher to get at as far as who is actually hosting the domain. So far I have two possibilities:

http://www.expedient.com

There is a contact address for this one but no TOS is posted so this may or may not be the appropriate place for DMCA notices:

Expedient Communications   
812 Huron Rd.
Suite 820
Cleveland, OH 44115
Phone:     216-373-8500
Fax:     216-621-9115
URL:     http://www.expedient.com

and

http://www.floridaserver.com = aka http://www.occhosting.com

and a connection actually seems to terminate there but that does not necessarily mean they are physically hosting the pages they may only be re-directing.

FWIW the DMCA notice for OccHosting goes to the very same person that connects with http://www.web.com/ [above and related to the luckicharms.com website] This was the dickens to find out because of the use of different company names!!!

Reporting Copyright Violations. OCCHosting complies with the Digital Millennium Copyright Act ("DMCA"). OCCHosting encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to:

DMCA Notices
Attention: Robin Shetler, Esq.
Visual Solutions Group, Inc.
303 Peachtree Center Avenue
Suite 500
Atlanta, GA 30303

But both luckicharms.com and tnamodels.com kick up this name and address as domain registrant:

Azelle Hall
2344 NE 10th
Portland, OR  97212
US

THIS [FOLLOWING INFO] IS OF PARTICULAR INTEREST BECAUSE IT IS A NECESSARY LEGAL NOTICE THAT REQUIRES AN ACCURATE DISCLOSURE AND MUST CONTAIN AN [ACCURATE] PHYSICAL ADDRESS WHERE THE PHYSICAL RECORDS ARE KEPT FOR INSPECTION:

http://tnamodels.com/legal/2257.aspx

USC Title 18 §2257 Compliance

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained in or at this site were over the age of eighteen years at the time of the creation of such depictions. Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the custodian of records at:

Azelle Hall
Custodian of Records
Spinster Entertainment
1709 Southwest Morrison
Suite #309
Portland OR, 97205

Oh, gee, and a phone number too...
(503) 810-2812

-----------

Notes: From past experience it is next to useless to persue the domain owner. It is also absolutely useless to persue the domain registrar. The domain registrar actually have neither an interest in, nor a legal obligation in, these infringement matters, only the actual hosting company does. Go right for the throat with the hosting company.

If in doubt... DMCA them ALL!

They also run still another domain  http://adulttalentwanted.net
There are no photos there. But here's their pulished client list:

http://www.adulttalentwanted.net/clients/
CLIENTS & AFFILIATES
SIGN UP AND YOU COULD WORK WITH THESE COMPANIES...

    AnabolicXXX.com
    KBeechVideoDirect.com
    DigitalPlayground.com
    KSexRadio.com
    StraponChicks.com
    NewSensations.com
    BarelyLegal.com
    ClubRedlight.com
    BeaverHunt.com
    WestCoastGangbangs.com
    Hustler.com

NICE!!!

Studio36

Nov 10 06 03:56 am Link

Photographer

Dudley Watson

Posts: 1737

Roseburg, Oregon, US

Sounds like the photographer should use the letterhead of their attorney.

Nov 10 06 04:03 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Dudley Watson wrote:
Sounds like the photographer should use the letterhead of their attorney.

Sounds like a group of photographers should get a lawyer and sue the shit out of them for infringement.

Studio36

Nov 10 06 04:43 am Link

Photographer

l0stinsandieg0

Posts: 104

Escondido, California, US

Just email the server that hosts the site and they'll get removed. Not sure if I'm allowed to mention the host site or not, but it can be done by looking at who registered the domain name, it's someone in OR, created it in July :-)

Nov 10 06 04:53 am Link

Photographer

Darrell

Posts: 716

Ottawa, Ontario, Canada

Lund Photography wrote:
http://www.luckicharms.com

(*please nudge into right spot if this isn't the right forum*)

Google for a DMCA Notice of Infringement, and send that to the site owner, and their provider.

If they ignore that, then you have more grounds for legal actions.

Nov 10 06 06:40 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

Darrell wrote:
Google for a DMCA Notice of Infringement, and send that to the site owner, and their provider.

If they ignore that, then you have more grounds for legal actions.

The domain owner, believe it or not, has no legal obligation to respond to, or act on, a DMCA notice. ONLY ISPs do. Just DMCA the domain host [=ISP]... but you have to find out who that is with some research. IT IS NOT the domain owner OR the domain registrar.

All the [US Copyright Office] registered DMCA agents for ISPs [hosting companies] can be found here:

http://www.copyright.gov/onlinesp/list/i_agents.html

l0stinsandieg0 wrote:
Just email the server that hosts the site and they'll get removed. Not sure if I'm allowed to mention the host site or not, but it can be done by looking at who registered the domain name, it's someone in OR, created it in July :-)

These are the names and addresses and contact information for the official point of service of such notices. If you just address a DMCA to "abuse@..." or "webmaster@..." there is NO legal obligation to take any action - the notice might be considered as faulty by serving it to the wrong address.

FURTHER... there is no single [or official] "form" of the notice. Any notice, however, must contain certain information and those elements are listed in the long post I set out above.

ONE LAST POINT... ONLY the factual copyright owner, or someone acting as their agent, can file DMCA notices. A model objecting to their image being on one of the sites mentioned can NOT do it.

Studio36

Nov 10 06 07:21 am Link

Photographer

HUmby_G

Posts: 197

Los Angeles, California, US

Wow, i can't believe they even used the images with the MM names. Check out the link LUND posted to see.

Nov 10 06 07:39 am Link

Photographer

Sophistocles

Posts: 21320

Seattle, Washington, US

studio36uk wrote:
Notes: It is also absolutely useless to persue the domain registrar. The domain registrar actually have neither an interest nor a legal obligation in these infringement matters...

Unless you happen to know someone who works for one :-)

Nov 10 06 07:56 am Link

Model

Dances with Wolves

Posts: 25108

SHAWNEE ON DELAWARE, Pennsylvania, US

Rich Cutrone wrote:
two models i have shot are on there as well...daniela and sarah!

did you let either of them know?....

Nov 10 06 01:44 pm Link

Model

Dances with Wolves

Posts: 25108

SHAWNEE ON DELAWARE, Pennsylvania, US

Ok, so as the model, I do not own the copyrights to the picture they used of me (Actually that picture is Teaseum.com's as well as Mark Mozzier's/Imagezz)....so- should I tell them to deal with it or what?

Nov 10 06 01:46 pm Link

Photographer

Cobra Photography

Posts: 420

Gillette, Wyoming, US

You can always do what I do to avoid your images being taken in the first place.  Take crappy pictures wink

Nov 10 06 01:51 pm Link

Photographer

Sleepy Weasel

Posts: 4839

Las Vegas, Nevada, US

Another reason why I'm glad I don't really shoot glamour - I don't have to worry about people stealing my images. Not that they would even if I did... smile  Not being an elite photographer has its advantages!

Nov 10 06 01:56 pm Link

Photographer

Paris Photography

Posts: 45

Portland, Oregon, US

Your complaint should be two fold. One, you should complain directly to them that you do not want your likeness used on their site without your permission.

Second, the copyright holders should be alerted and file their own complaint(s) as their images have been stolen and are being used for unauthorized commercial gain.

Daniela V wrote:
Ok, so as the model, I do not own the copyrights to the picture they used of me (Actually that picture is Teaseum.com's as well as Mark Mozzier's/Imagezz)....so- should I tell them to deal with it or what?

Nov 10 06 02:06 pm Link

Model

Dances with Wolves

Posts: 25108

SHAWNEE ON DELAWARE, Pennsylvania, US

Paris Photography wrote:
Your complaint should be two fold. One, you should complain directly to them that you do not want your likeness used on their site without your permission.

Second, the copyright holders should be alerted and file their own complaint(s) as their images have been stolen and are being used for unauthorized commercial gain.

Thanks so much!


edit: done.

the pictures stolen from me were Teaseum's/Imagezz, John F. Coopers, Steve Azzara's, Dan Doyle's and Peter Gravina's...I can't imagine one of them being too happy about this...

Nov 10 06 02:19 pm Link

Photographer

XtremeArtists

Posts: 9122

studio36uk wrote:

Sounds like a group of photographers should get a lawyer and sue the shit out of them for infringement.

Studio36

Count me in...

Nov 10 06 02:25 pm Link

Photographer

Jeff Navarro

Posts: 30

Denver, Colorado, US

Yup, found some of mine on there....

Nov 10 06 02:36 pm Link

Photographer

Jeff Navarro

Posts: 30

Denver, Colorado, US

AND some on that fotki site!

Nov 10 06 02:39 pm Link

Model

Kendall S.

Posts: 74

Kansas City, Missouri, US

ok, my pics are out there but i put them there. They have my right to use my pics and they have gotten me work from that site. So no compliants here!  but thank you to everyone who let me know about my pics being there!

Nov 10 06 04:13 pm Link

Model

Asia Dala

Posts: 1

Los Angeles, California, US

I have worked for the company for years and had no drama, I also talked to them today and people are really hating but thats how it is. This company is a none perentage non exclusive company so a lot of girls forget they are on it because of how it is ran. Its only paying work thats non adult and you dont have to sign a contract, ACTUALLY ITS FREE ADVERTISMENT. But people are upset. I m just here to back up the company that i have made thousands of dollars from

Nov 10 06 04:31 pm Link

Model

Ashley Haven Nudes

Posts: 2442

Queen Creek, Arizona, US

I just talked to this guy, about having my info up there (and wrong info, btw)...

All i've heard is drama. This guy is from the same town i am, so a lot of people i know know him as well. Everyone i've talked to has said to call him and pull my pictures off the site.

He told me that i had to have talked to him, and givin him my information in order for him to have it. No... actually, all you'd have to do to get my info is post a CL casting call for a model in my area, and you'd instantly have my phone number and email address. He says i've been a part of the site for 9 months... then why have i never talked to these people? What a great agency.

Nov 10 06 04:47 pm Link

Model

Dances with Wolves

Posts: 25108

SHAWNEE ON DELAWARE, Pennsylvania, US

So....I work in law...I sent a threatening letter to him.

Look who got a phone call in under 2 hours.

All my pictures are being taken down and I'm being taken off the site.

He also spoke to me and told me he knew about the model mayhem boards and that some photographer was pissed off at him and thus, started writing about this on this site....

I told him that I was sent a private email- which was true....and that didn't change the fact that he stole 5 pictures from me without my consent. Duh.

He complained that people are "hating on him".

Whatever- my pictures are now gone- thanks OP for bringing this to everyone's attention.

Nov 10 06 04:51 pm Link