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Thread: Pic used by modelling company w/o prior knowledge - what to do?

  1. #21
    Moderator catchlights's Avatar
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    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    Quote Originally Posted by happyranchu View Post
    hi Oshkosh;

    After a 2nd look at agency site, they also uses magazine cover page as their promote. e.g. Her world, Bazzar and Volume.

    So i reckon they ready may not care about your request.
    usually magazine publishers work with modeling agencies, MUAs, stylists and photographers in a special term, mostly are payment plus credit, so in that sense, modeling agencies, MUAs, stylists and photographers are allow to use the magazine/tear sheets for self publicity or portfolio.
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  2. #22
    Moderator catchlights's Avatar
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    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    Quote Originally Posted by Oshkosh View Post
    Hi thanks all for the advice. I am not thinking of going to the extent of sue/ lawyers letter. Have sent an email to them, indicating the ownership of the pic and requesting to remove. So far, haven't heard from them. But just to cx, a friend of mine gave his view:

    "Actually if this is pursued, any pics of her posted by u in any web is also subjected to her objecting too"

    Any truth to that remark? Given that it is a paid shoot. Model been given compensation and not a TFCD.
    Quote Originally Posted by PentiumPC View Post
    A model/Person can object the use of their photo unless you have a talent release/contract, even with that, unless it is a blanket "you can use it in anyway you want" kind of contract, if used out of context or scope of the contract, the model can object it's usage.
    model release form usually cover for commercial usage, for this case is a paid shoot, photographers own the rights of the photos, and since the model is engage with such "photo shoots", already aware that her photos will be posted everywhere, if she disallow her photos being publish, model will have to ask photographers to sign a agreement for disallowed to publish photos of her before the shoot.
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  3. #23

    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    May I suggest the DMCA Takedown option:

    http://www.dmca.com/Takedowns.aspx

    I had an US based contact who had a copycat stealing his blog content, the idiot stole so much that once the DMCA is filed, is almost equivalent to shutting down the perpetrator's site.

    According to the website, it should work in any country.
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  4. #24
    Member hotwork77's Avatar
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    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    Quote Originally Posted by sjackal View Post
    May I suggest the DMCA Takedown option:

    http://www.dmca.com/Takedowns.aspx

    I had an US based contact who had a copycat stealing his blog content, the idiot stole so much that once the DMCA is filed, is almost equivalent to shutting down the perpetrator's site.

    According to the website, it should work in any country.
    Sorry to disappoint you. The law doesn't work that way. It is not applicable in Singapore.
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  5. #25
    Member hotwork77's Avatar
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    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    Quote Originally Posted by Oshkosh View Post
    Hi, I just found out my pic was used by a modeling company "Mannequin Studio" w/o my knowledge. Anyone has any experience dealing with such issues?

    My pic




    and website for the company -- see Alicja under foreign models.

    http://www.mannequin.com.sg/

    or see print screen - 1st row / 4th pic from right.





    Thanks if you can share.
    Understand where you're coming from. You only own the image you take. Model owns her imagery in whatever form and whatever manner she deems fit. This means she endorses her image for use by the agency even if it was taken by you and own by you.

    In other words she owns the copyright of her image. You merely own the copyright of your works.
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  6. #26
    Senior Member kel77's Avatar
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    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    Hi Oshkosh,

    Just saw your post. I believe that there was some contest for that week from Ivan's shoot for that model right?

    It could be linked. Better to contact Ivan directly regarding this as I think there should have been some arrangement.
    Last edited by kel77; 30th November 2010 at 03:09 PM.

  7. #27

    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    Hi all, thanks for the advice and kel, I have checked with him too (doubt any link) but I decided not to pursue.

  8. #28
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    Default Re: Pic used by modelling company w/o prior knowledge - what to do?

    Quote Originally Posted by hotwork77 View Post
    Model owns her imagery in whatever form and whatever manner she deems fit. This means she endorses her image for use by the agency even if it was taken by you and own by you.

    In other words she owns the copyright of her image. You merely own the copyright of your works.
    A model does not necessarily by default own his or her imagery in whatever form and whatever manner (sic) he or she deems fit, particularly in the case of the model having been paid for his/her services.

    She cannot endorse her image for use by an agency if it was taken by a photographer and owned by the photographer, as she has no legal authority to authorise reproduction of the image by anyone, as the image is protected by copyright which vests in the author of the work in the absence of any other arrangements. She can give her blessing for the image to be used but she cannot give the agency permission to make copies of the image.

    In other words she doesn't own the copyright of her image, nor does copyright even exist in a person's likeness to begin with. Read: You cannot copyright a person's likeness.

    The photographer generally owns the copyright of his or her non-employed work, and depending on the jurisdiction also the copyright of his or her commissioned work.

    I'm not sure there's anything in the quoted text that isn't misinformation, unfortunately.

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