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Thread: What's wrong with model agencies these days?

  1. #21
    Member kirk's Avatar
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    Default Re: What's wrong with model agencies these days?

    Quote Originally Posted by vince123123 View Post
    Since it is well known that you have retained legal advisers, you may wish to seek legal advice on the points in bold below - some carry legal inaccuracies, and the other carries legal risk as the due dilligence involved is not sufficient to stave off a copyright infringement action.

    As for the penultimate paragraph, it is not the copyright holder's duty to inform anyone on what he can or cannot do with the subject of these rights. In the absence of a license granted, the copyright holder remains the exclusive holder of the rights granted under the Copyright Act and no such notification is required.
    . We are currently in consultation with our legal advisers on this issues.

  2. #22

    Default Re: What's wrong with model agencies these days?

    TFCD or not, if you have not agreed on the terms of usage of the images, then you're argument is thin. On the other side of the coin though, if it can be shown that the images provide benefit to the agency (not just to the model for whom the images were taken) then your argument is stronger - but the agencies argument is that they simply provide a vehicle for the their models and effectively the website is acting as an electronic comp card.

    In the end it will come down to who has the better lawyer.

    Personally, I agree with you, but the law may not.
    sk.images, ex - cyber_m0nkey

  3. #23

    Default Re: What's wrong with model agencies these days?

    Quote Originally Posted by kirk View Post
    . We are currently in consultation with our legal advisers on this issues.
    This exactly the problem here in Singapore. "I will talk to my lawyer!"

    The thing to do is to get release/permission to do what you want to do. I can understand that models may not be well informed, but agents should and must.

    Get the photographers to grant permission, that is so simple. Most of them will do it. Just a phone call and an email will do. Why such grand standing "... consultation with our legal advisers..." Such a waste of time, effort, and money.
    deadpoet
    my portfolio

  4. #24
    Senior Member Leong23's Avatar
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    Default Re: What's wrong with model agencies these days?

    Quote Originally Posted by Deadpoet View Post
    This exactly the problem here in Singapore. "I will talk to my lawyer!"

    The thing to do is to get release/permission to do what you want to do. I can understand that models may not be well informed, but agents should and must.

    Get the photographers to grant permission, that is so simple. Most of them will do it. Just a phone call and an email will do. Why such grand standing "... consultation with our legal advisers..." Such a waste of time, effort, and money.
    Get permission for the photographers, they where got time. Some of the agent and model just thinking of their own interest. Can smoke through, they will smoke through.

    "We are currently in consultation with our legal advisers on this issues. "

    Why don't consult them before using the photo.

  5. #25
    Member kirk's Avatar
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    Default Re: What's wrong with model agencies these days?

    Quote Originally Posted by Deadpoet View Post
    This exactly the problem here in Singapore. "I will talk to my lawyer!"

    The thing to do is to get release/permission to do what you want to do. I can understand that models may not be well informed, but agents should and must.

    Get the photographers to grant permission, that is so simple. Most of them will do it. Just a phone call and an email will do. Why such grand standing "... consultation with our legal advisers..." Such a waste of time, effort, and money.
    Well.. we need to verify whether we are doing things properly so that we can effectively manage the models' career. Better play safe and do things correctly. We will gladly contact any photographers regarding their photos to see if they allow to use.

    Should have asked the models to shoot with us in the first place but some of them are so busy and don't wish to carry out a shoot, so end up they just want to use their existing pictures. Some of the photos we took are not enough to portray the different looks that they can carry out so have to use other photos. Will advise them on what to do to prevent such episodes from happening again. We'll also look into our workflow to correct any faults.
    Last edited by kirk; 12th December 2007 at 02:00 PM.

  6. #26
    Senior Member azul123's Avatar
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    Default Re: What's wrong with model agencies these days?

    Quote Originally Posted by kirk View Post
    Well.. we need to verify whether we are doing things properly so that we can effectively manage the models' career. Better play safe and do things correctly. We will gladly contact any photographers regarding their photos to see if they allow to use.

    Should have asked the models to shoot with us in the first place but some of them are so busy and don't wish to carry out a shoot, so end up they just want to use their existing pictures. Some of the photos we took are not enough to portray the different looks that they can carry out so have to use other photos. Will advise them on what to do to prevent such episodes from happening again. We'll also look into our workflow to correct any faults.
    But since you have used the copyright photos already even unintentionally, don't you think you should have at least apologize for the error?

    I didn't see any such wording in all your posts above, did I miss it?

    ../azul123

  7. #27
    Senior Member azul123's Avatar
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    Default Re: What's wrong with model agencies these days?

    Most dissapointed with this response,
    Quote Originally Posted by kirk View Post
    In future, if you do not desire your photos to be distributed and used by models or given to model agencies to market the models, please inform the models so that they can similarly inform their agencies. Sometimes models forget hence the best option to remind them is to provide them with an agreement stating how the photos that you provide can be used.
    Sounds to me like passing buck to models and photographers, not right lah...

    ../azul123

  8. #28
    vince123123
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    Default Re: What's wrong with model agencies these days?

    Yeap, I tend to agree that commercial companies should be held to a higher standard than the average Joe or Jane. To pass the buck around isn't really the way. It is also legally suspect to say "Model told me okay so I assume its okay".

    Its almost the same as saying "I'm not liable for selling you a pirated product because my supplier told me it is genuine". That unfortunately, may not always be sufficient to constitute a legal defence.

    Quote Originally Posted by Deadpoet View Post
    This exactly the problem here in Singapore. "I will talk to my lawyer!"

    The thing to do is to get release/permission to do what you want to do. I can understand that models may not be well informed, but agents should and must.

    Get the photographers to grant permission, that is so simple. Most of them will do it. Just a phone call and an email will do. Why such grand standing "... consultation with our legal advisers..." Such a waste of time, effort, and money.

  9. #29

    Default Re: What's wrong with model agencies these days?

    Quote Originally Posted by kirk View Post
    Well.. we need to verify whether we are doing things properly so that we can effectively manage the models' career. Better play safe and do things correctly. We will gladly contact any photographers regarding their photos to see if they allow to use.

    Should have asked the models to shoot with us in the first place but some of them are so busy and don't wish to carry out a shoot, so end up they just want to use their existing pictures. Some of the photos we took are not enough to portray the different looks that they can carry out so have to use other photos. Will advise them on what to do to prevent such episodes from happening again. We'll also look into our workflow to correct any faults.
    Quote Originally Posted by azul123 View Post
    But since you have used the copyright photos already even unintentionally, don't you think you should have at least apologize for the error?

    I didn't see any such wording in all your posts above, did I miss it?

    ../azul123
    The photos were used by the agency to promote, a commercial activity, but did not have the permission of the photographer, whom had not at the time given the permission.

    Instead, all this nonsense about legal advise, copyrights, model needs the compcard to promote are just that, why not a smile gesture, apologise and move on?
    deadpoet
    my portfolio

  10. #30
    Member kirk's Avatar
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    Default Re: What's wrong with model agencies these days?

    Apologies were done when Alvin contacted us initially.

    This was what we wrote to him on 10 Dec 2007, via email.

    " Hi Alvin,

    We acknowledge your copyright and hereby apologise for the watermark on the picture. It was unintentional as the template that was used to do up the compcard for Amanda was based on another model and had such a mark.
    We had failed to notice the watermark while doing up the card for Amanda. The pictures were given to us by Amanda. Thank you for bringing up this matter to us. We will remove the offending watermark immediately and if you wish, we can remove the picture as well.

    All photos that were not taken by us had been presented to us by the models and used only after we had verified with that we may use them for the compcard. Only photos that were taken by us would be tagged with the Copyright. For those that were not taken by us for the model, we have splashed a tracer across the entire card to as a form of deterence against third parties cropping and copying any pictures.

    Once again, we would like to offer our sincere apologies for our mistake on the watermark."

    Then his post was found in this forum and in sghoot forum and we had to reply to him both over email and over the forums.

    Once again, we'll like to take the chance to apologise for using his photos. It was never our intention to infringe upon copyrights of our fellow photographers.
    Last edited by kirk; 12th December 2007 at 10:54 PM.

  11. #31
    Moderator chngpe01's Avatar
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    Default Re: What's wrong with model agencies these days?

    I shall close this thread as the necessary have been said by both side. Let us learn from here and move on. thread closed

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