Forums > Model Colloquy > Welp. i found my picture for sale on some sites...

Model

LeePatrick

Posts: 88

Houston, Texas, US

so i took a lot down and keep them in a usb drive, thrown into a storage unit. Anyone else come across this?

what to do?

discuss? advice?

they sell at 5-10 dollars a piece. something i will never see.. -.-

May 08 14 06:09 pm Link

Photographer

Nico Simon Princely

Posts: 1972

Las Vegas, Nevada, US

LeePatrick wrote:
so i took a lot down and keep them in a usb drive, thrown into a storage unit. Anyone else come across this?

what to do?

discuss? advice?

they sell at 5-10 dollars a piece. something i will never see.. -.-

Who shot the pictures? If you signed a release it might be that photographer that is selling the images. If it is there is nothing to do. That why photographers shoot to sell images.

If they are stolen tell the photographer as it's their copyright being violated and they are the one's that are owed the money not you.

Only if you see an image that you did not sign a release for do you have any sort of case.

May 08 14 06:16 pm Link

Photographer

ChadAlan

Posts: 4254

Los Angeles, California, US

Nico Simon Princely wrote:

Who shot the pictures? If you signed a release it might be that photographer that is selling the images. If it is there is nothing to do. That why photographers shoot to sell images.

If they are stolen tell the photographer as it's their copyright being violated and they are the one's that are owed the money not you.

Only if you see an image that you did not sign a release for do you have any sort of case.

Thanks Nico, and I'll add, depends on the terms stated in the release smile

Please clarify OP.

May 08 14 06:19 pm Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

I tell you.. if some model I hired and paid was DMCA'ing my clients I'd be pretty pissed off and you can damn well bet that model would lose me (and anyone I talk to) as a client herself.

P.S... Only on Model Mayhem do "models" get upset when their images are actually used for something..

May 08 14 06:45 pm Link

Photographer

Model Mentor Studio

Posts: 1359

Saint Catharines-Niagara, Ontario, Canada

How does a model 'take down' a picture?

May 08 14 07:04 pm Link

Model

Alabaster Crowley

Posts: 8283

Tucson, Arizona, US

Rick OBanion Photo wrote:
How does a model 'take down' a picture?

I'm assuming he meant from his portfolio(s).

May 08 14 07:14 pm Link

Photographer

Model Mentor Studio

Posts: 1359

Saint Catharines-Niagara, Ontario, Canada

Alabaster Crowley wrote:

I'm assuming he meant from his portfolio(s).

I don;t know if he meant that or on the web site he saw them

May 08 14 07:53 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

John Jebbia wrote:
I tell you.. if some model I hired and paid was DMCA'ing my clients I'd be pretty pissed off and you can damn well bet that model would lose me (and anyone I talk to) as a client herself.

P.S... Only on Model Mayhem do "models" get upset when their images are actually used for something..

I don't see where anyone has suggested that the model would send out a DMCA takedown notice.  I think the OP is just asking if it is proper, and if not, what should he do.

https://www.jayleavitt.com/links/guide_forum_llama.gif

To the OP, you have already been given the right answer.  It is going to depend on if you signed a release, if you did, the terms of the release and the nature of how they are being sold.  As an example, depending on state, if they are being sold as fine art prints, a release may not be required.

The first step is to let us know if you signed a release and what the terms of the release are.  If you signed a full commercial release, the use wouldn't matter and this would be fine.

May 08 14 07:58 pm Link

Photographer

GM Photography

Posts: 6322

Olympia, Washington, US

Just because they are listed for sale doesn't mean anyone is actually buying them.  You have no idea if you're "losing" anything or not.  You need to start with what your agreement was with the photographer.

May 09 14 05:33 am Link

Model

wrongsideofthirty

Posts: 543

Boston, Massachusetts, US

Rick OBanion Photo wrote:

I don;t know if he meant that or on the web site he saw them

from how he describes what he did it sounds like he made the action himself (deleted from a profile) not send a note asking it to be removed?

but hey op let us know big_smile

May 09 14 10:23 am Link

Photographer

Model Mentor Studio

Posts: 1359

Saint Catharines-Niagara, Ontario, Canada

wrongsideofthirty wrote:

from how he describes what he did it sounds like he made the action himself (deleted from a profile) not send a note asking it to be removed?

but hey op let us know big_smile

There is no advantage to taking down a profile picture. They are useless for printing....and who would buy them when you can just lift them from the site?

May 09 14 04:28 pm Link

Model

dead and goneeeeeeeeee

Posts: 161

Aniak, Alaska, US

Depends what your release said - they may be posted because you signed off on it. I'd contact whoever shot the pictures and double-check if they're supposed to be sold or not.

May 13 14 12:16 pm Link

Photographer

Rick James Photos

Posts: 8

North Miami, Florida, US

It seems like everyone here is assuming a release was made/signed. What if it was just two people without a contract?

May 17 14 06:39 pm Link

Photographer

Art Silva

Posts: 10064

Santa Barbara, California, US

Rick James Photos wrote:
It seems like everyone here is assuming a release was made/signed. What if it was just two people without a contract?

The copyright in this case in any court in the US will default ownership to the creator (photographer).
Documents need to be presented otherwise.

Either way, the photographer should present a model release if the images are to be published, probably not if it's a private sale.

-----------------

Seems we don't have the full story and terms of the shoot from the OP.
Chances are this is all on the photographer and his right, not the model unless the OP payed a nice sum to acquire resale and publishing rights.

He (the OP) can pull his copies off the net all he wants but once its out there its out there.

OP this is something you need to discuss with your photographer first.

May 17 14 07:19 pm Link

Model

IDiivil

Posts: 4615

Los Angeles, California, US

I'm really confused. Why are we jumping to the idea that the photographer is selling them in the first place? The OP provided no such information. For all we know, some third party could have taken and started selling them also.

OP, alert the photographer that their images are on sale on a website. They can handle it from there if the website took the images without permission. If the photographer is actually selling them and is OK with the sales occurring, then unfortunately, you won't be seeing that money. As a model, you aren't included in any sales unless you specifically negotiated that as part of the terms.

May 17 14 07:44 pm Link

Photographer

Art Silva

Posts: 10064

Santa Barbara, California, US

IDiivil wrote:
I'm really confused. Why are we jumping to the idea that the photographer is selling them in the first place? The OP provided no such information. For all we know, some third party could have taken and started selling them also.

OP, alert the photographer that their images are on sale on a website. They can handle it from there if the website took the images without permission. If the photographer is actually selling them and is OK with the sales occurring, then unfortunately, you won't be seeing that money. As a model, you aren't included in any sales unless you specifically negotiated that as part of the terms.

This is why we need the OP to come back and explain some details.

I think the fact that he said "some sites" plural, can most likely and easily be due to a photographer marketing his work to online photo stores and knowing that each photo up for sale in these sites require some sort of copyright verification in order to post... that's assuming these are legit places he sees his likeness. BUT yes, they could have been ripped. This is why we need more info.

The OP seems fairly new to MM and to the forums and also there is a good chance he is maybe not educated on how copyrights work, this is based on how many here are not aware of the process of ownership and what images belong to who and/or what release agreements really mean.

May 17 14 11:24 pm Link