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Some Suggestions Requested
My father just arrived home from Japan and driving home he is next to a truck that has a big air brushed photo of me on the side. It's advertisement for a magazine. I know I have never worked with this magazine, certainly didn't get paid for working with this company. All my dad can tell me is I was wearing a white swimsuit (he sucks at pose and detalis lol). I have many swimsuits in white variations so no idea which photo shoot that pic would of been taken from. I also do not give away all my rights on photo shoots (tfp type)for photographers to make money off of me. I do tfp to build mine and thier portfolios. All work that is done based on "sale" is done under an arrangement (buyout or percentage). I do have the companies website and the license plate of the truck. Without knowing if the photographer sold or gave permission to use my photo it's hard to decide what the next step should be. Don't get me wrong. I love that I have work appreciated and exposure out and about, yet I wasn't aware of it, nor getting credit for it. Maybe the photographer isn't getting credit either, I just don't know. How would you handle this? (honest suggestions only please) May 26 05 02:18 pm Link Get a photo of the artwork in question and decide if it really is you or a likeness thereof. If so contact the company whose truck it is and find out from them who did the ad. Contact the ad people next and find out if this was an in-house job or not - let them know that your likeness has been used without permission. The tough part at this point is proving that - because unless you have copies from the shoot in question your likeness may not be close enough. If you remember who you did the shoot with contacting them probably won't get you anywhere but it is the job of the ad agency to ensure that everything was legal and released - they will be the ones to cut you a check (they can sue the photographer later). But there is your starting point - hope it helps. May 26 05 03:09 pm Link Well first do not apoligize because someone is ripping you off. Second--this is a great first step. Next- Help us help you. But I am confused a bit. Do you know the name of the magazine in question and the issue number in question? May 26 05 03:09 pm Link Posted by Brian Kirk: I am not a lawyer but I do not think she needs to have obtained copies of the images from the shoot. May 26 05 03:14 pm Link Posted by marksora: You don't need them it just makes the case a lot easier when you send them an image and they look at the image they're using and they can tell it's the same ... May 26 05 03:29 pm Link Posted by AshleyDanielle: :::Reese cracks knuckles and grits teeth::: May 26 05 03:34 pm Link First thing to do is find out if it IS YOU! May 26 05 03:39 pm Link Okay, here's the deal, if you did not sign a release, then the photographer MIGHT find himself in an actionable position. I say might because for you to be able to get anything out of this deal, you need to show one of 2 things, either that this photographer made money off the unauthorized use of one of your images or if the use of said image hurts you personally AND monetarily. Then you can either sue for a percentage of whatever the photog got paid, or sue for damages to you and your image, the key is, you have to be able to quantify the amount of monetary damages done to your career by this specific image being used. IE - how much less job calls you get now as opposed to alst month, etc. May 26 05 03:41 pm Link Brian, I understand where you are coming from. I can just see what was written as confusing to models who would work on a shoot for commercial or stock where they would almost always never receive images. Let us think not just of helping this person but helping others who might read this thread. Up to you, if you want to change it then I will edit my posts or leave it for others to read. There is logic with either choice of changing your writing or leaving it be. === Get a lawyer, Yes but if she can do or wants to do the leg work then she may save time and money. She knows the business well. She may be more successful in her investigations than the average lawyer. Once she has the information fully then I would start to pay a lawyer. That is my view but willing to edit so that this stays helpful. May 26 05 03:42 pm Link In the South, we have been taught to find the offenders in question (but we don't ask questions to verify),and we string 'em up and beat them with tomatoes and other fruits and veggies... I like using kiwi myself... Sometimes we throw cans o' beer at 'em... but not usually. No sense in wasting good beer... May 26 05 03:54 pm Link I would pump the photographer for information. Then I'd sue like a demented lawyer bunny. May 26 05 04:09 pm Link If you signed a full release you can't say anything so I would suggest you find out what you signed before taking Theda's advice. May 26 05 04:20 pm Link She said she was not paid and does not sign full releases for unpaid work. Using my awesome brain power, I concluded that she had not signed a full release. So SUE! It's fun. And it pays my rent. May 26 05 04:24 pm Link hmmm... may as well support your local Paralegal... Show some loyalty and sue... :::Reese chants:::: Sue! Sue! Sue! Sue! May 26 05 04:30 pm Link Posted by ( ANT ) Mgaphoto: Hmm... Are we questioning Theda's expertise? Please tell me it isn't so... May 26 05 04:31 pm Link Thank you so much for the advice. I do have the name of the magazine company and the license plate of the truck in question, and a website address that was on the truck. My dad wrote down that information. My fathers camera was in the trunk in his suitcase since he just arrived from Japan. I am going to have to locate the truck somehow and take a photo of it I think (this will be fun to find) so I have actual physical evidence. Then do what was recommended above. My dad said he knew it was me and asked when i posed for that magazine and why was I on a truck. The photo was airbrushed on he said. On their site what it's called is vehicle wrap. So I believe this is actual photo put on the vehicle? no idea about this stuff. This is why I feel I'd need a photo of the actual work to prove it's me. Also, not sure if I should contact the company before I get a picture of it. Could be gone if I say anything. Just not sure how to go about hunting a truck down  I'm just hoping the magazine has an office up here, because the main office is in Los Angeles and the truck was in San Francisco. To answer the question In regards to a release. For calendars (either a flat fee for the calendar or a percentage of the profits), product promo shoots, advertisement (companies or product)etc. paid a flat fee for use for that particular assignment (unless stipulated or a time period for use imposed, such as a year). TFP, portfolio building for both parties only, unless stipulated that if was done with the idea of submitting for a project and sold would be notified and paid accordingly. I really do appreciate the input, because I had no idea what to do on this, or where to start. May 26 05 04:54 pm Link Posted by Reese: Posted by ( ANT ) Mgaphoto: Hmm... Are we questioning Theda's expertise? Please tell me it isn't so... Oh no I am being tag teamed by the moderators May 26 05 05:05 pm Link We creep around and blend with the woodwork... heh heh heh... May 26 05 05:14 pm Link Posted by AshleyDanielle: Vehicle wraps are photos and graphics that are printed on a durable, flexible material and then 'wrapped' around objects such as buildings, vehicles, trailers, and practically anything else. May 27 05 09:08 am Link If the photographer sold the images to the company, you are entitled to some of that money. If not, then the photographer who shot you could do whatever they want with the pictures. My suggestion, get some information about the magazine and call them direct. May 27 05 09:24 am Link Posted by * Visual Mindscapes *: If they sold they photographer, I think the copyrights transfer to the photographer's new masters... May 27 05 09:28 am Link Posted by XtremeArtists ®: Posted by * Visual Mindscapes *: If they sold they photographer, I think the copyrights transfer to the photographer's new masters... ROFLMAO fucker! *goes to edit post* May 27 05 09:29 am Link Posted by AshleyDanielle: Just me, but from Tsun Tsu's Art of War. May 27 05 09:56 am Link Posted by XtremeArtists ®: Not unless the company specifically bought out the copyrights. May 27 05 09:59 am Link FIrst let's put aside copyrights by the photographer or company using the image. At any point did you sign a release with the photographer for any images of used to be used beyond a model shot. remember photographers will put a paper in front of you asking you to sign it, but without knowledge of what that images is going to be used is first what you have to think about. I have releases from simple for that image to be used in a editorial or advertising. You have to make it known when you are working with the shooters, are they planing on using that image beyond just the two of you and should always inform you or the agency or client of that images being used.....As much as we live in a world of let me sue you first..best way of communications is when you are dealing with this...ask this simple question to the photographer or client..what are you needs for this image and get it wriiten out.....verbal talk is one things.... being about to back them is always good when the ink is dry. May 27 05 10:06 am Link |
I didn't realize this site had moderators, what happened? 
