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.. -.-
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.
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 Please clarify OP.
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..
Photographer
Model Mentor Studio
Posts: 1359
Saint Catharines-Niagara, Ontario, Canada
How does a model 'take down' a picture?
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).
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
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. 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.
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.
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
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 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?
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.
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?
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.
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.
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.
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