WNY Models

wnymodels · by **wnymodels** on May 19th, 2004, 10:10 am

Here's a question for both models and photographers:

What do you do in the event someone from a foriegn country (Russia/Nigeria/etc), uses your copyrighted work for profit on their own site?

Typically the enforcement in some countries like the 2 mentioned above are at zero level...

One recourse would be to contact their ISP and webhost... but what do you do when the person in question IS their own ISP and host?? (or their ISP and host just don't really care)

(And also suppose the photos were not submitted for copyright, but you hold releases/licensing agreements/whatever as proof)..

What options are there?

grsphoto · by **grsphoto** on May 19th, 2004, 11:04 am

If an ISP/Host doesn't do anything about copyright infringement then go to their upstream provider.

Trying to get a copyright settlement in some countries will likely be an excercise in frustration.

If an image has been posted on the net, you have to assume that it is going to be used by many people for many things... this isn't good or right, but the way it is right now.

grs

Chuckster · by **Chuckster** on May 31st, 2004, 5:13 pm

Without your photos being copyrighted you're pretty much up the creek. I had a major problem when one of the models, that I loved working with, sent the photos that I took of her to numerous sites. I do copyright all of my material and never give anything to the model until its been copyrighted.

I contacted the sites and asked the my material be removed. A number of them thumbed their nose at me. I then contacted their ISP and sent a copy of the copyright. The ISP is very good about getting them to remove the material or they too face legal action against them And finally, I paid a lawyer to email another lawyer in a foreign country to inform one individual that a local lawyer had been retained to file criminal charges if the material wasn't removed. In all cases, the material was removed. It cost me $50 but the piece of mind is priceless.

Footnote: the model that sent the material felt that she had the right to do so because they were photos of her. She was paid very well for the shoot with no contract for photos. The photos were provided to her for her site only and OMP portfolio as a bonus for the great modeling she does. Sadly to say, I lost a very good model that I had produced some award winning paintings from.
Chuckster

JimmyZ · by **JimmyZ** on June 1st, 2004, 3:42 pm

Chuckster wrote:Without your photos being copyrighted you're pretty much up the creek. I had a major problem when one of the models, that I loved working with, sent the photos that I took of her to numerous sites. I do copyright all of my material and never give anything to the model until its been copyrighted.

I contacted the sites and asked the my material be removed. A number of them thumbed their nose at me. I then contacted their ISP and sent a copy of the copyright. The ISP is very good about getting them to remove the material or they too face legal action against them And finally, I paid a lawyer to email another lawyer in a foreign country to inform one individual that a local lawyer had been retained to file criminal charges if the material wasn't removed. In all cases, the material was removed. It cost me $50 but the piece of mind is priceless.

Footnote: the model that sent the material felt that she had the right to do so because they were photos of her. She was paid very well for the shoot with no contract for photos. The photos were provided to her for her site only and OMP portfolio as a bonus for the great modeling she does. Sadly to say, I lost a very good model that I had produced some award winning paintings from.
Chuckster

Well,

You take the picture, you own the image. You have the copyright.

I have seen people go farther and submit the images for a more complete copyright, but when you shoot 500 images of a model in one sitting...

I have run into this, but they retained the watermark/copyright on the image, which in turn boosted my traffic.

I guess it depends, I am not a jerk about it, the models can do what they wish with the images I give them WITHIN reason of course...

magnumpi · by **magnumpi** on June 2nd, 2004, 6:36 am

This is a REAL problem! I expect, however, that it's not too easy getting any satisfaction in Foreign countries. Perhaps the best way of minimizing this type of thing is to take action at the model level.

Certainly, if he/she is registered with a particular Agency, that agebcy should be notified of the model's illegal activites. If the model is a member of any modelling organizations, then they, too, should be advised and requested to cancel the subject's membership. Lastly, rather than trying to take punitive action action the ISP's etc., take action against the model. I believe this would curtail the release of images, by models, very quickly.

WNY Models

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