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Take My Pics Off Your Site Or I'll Sue!!!
(I hope this is in the appropriate category ...)
Looking for some advice ... I took a picture of a dancer at one of my bachelor parties and posted it on my website and now she is threatning to sue me! She had no problem with it up until recently when she started her own company and alerted me with a notice from an attorney asking to remove it. I would take it down, however, the picture is an integral part of my website design and would just be a bitch to change (it's all done in flash)
My question here ... since I took this picture; can't I do whatever I please with it ... so what if she's in it, I took the picture!!!
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Did she sign a release authorizing you to use the picture?
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Re: Take My Pics Off Your Site Or I'll Sue!!!
If she didn't sign a 2257 authorizing you to be able to use her photos/likeness on your site, which I doubt considering you don't have any information about where people can find your 2257 info listed, she has grounds for asking you to take it down/off. See, any site where there is adult-oriented content needs all people listed on the site to sign a 2257 form not only to allow you to use their photos on your site, but to also verify that they were 18 years of age or older at the time the photos were taken. You seriously need to look into this so that you don't get in trouble with the govt. for not having all your ducks in a row.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Perhaps with starting her own company could hurt her "image" and that's why she wants it off. She could sue you for a lot of money if you don't have written permission to use her photo, that photo could be considered her property because she didn't agree to it. And anyone can sue for anything anymore and even if you technically win, think about how much money it'll cost you for an attorney to defend you, court costs, time in court & away from your business, etc. It'll cost you lots of money either way and you'd probably be better off taking it off and coming up with another pic for your website.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
No. You will have to take it down. I went through the same thing when 2257 came out. It WAS my only hope actually. I was nude, BUT some pictures are not. Still..when you took the picture/s of this woman you need to make sure all her records are up to date, i.e. where she lives, etc. DOJ don't play around. And i gave the company a verbal, yes they could use my pictures! But if she did not sign a release, and any of her 'private' information has changed, (even if she did sign, it's up to you to keep her records current by law) you need to take them down.
Trust me..it's how i got mine down.
AS told by the DOJ....any monies that had been made off my pictures (and that is what banners are for to, bring people in) could have been paid back to me!!!! I chose to let it go, as the phone sex company took the down!
Company: Gemini ::) What the owner said to me (i wont give her name) was i chose NOT to take them down because of my attitude, she had better things to do....I felt like i was trying to quit the damn MOB.
Pamela
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Be cool man, just take it down!
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Leave it up till you get a court date. They are just rattling sabers. When you get a court date ask them how much it is worth to take it down. If they say nothing take it down. If they say a dollar take the money and put a different pic of her up. By that time she will probably have run out of money for her site. Real world.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Yea, it will be a bitch to take down, but if you don't want to draw negative attention, it's best. She deserves to be pissed. You don't own the rights to her image, and you shouldn' t be using her as free advertisement for your site. Just hire a model, or a dancer, and have them fill out the necessary paperwork. What goes around comes around. I'm sure there's other things she could use against you, if you screw her, and she wants revenge. Wouldn't this be easier?
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Re: Take My Pics Off Your Site Or I'll Sue!!!
True^^^^^ also there is content phone sex companies buy (ooops let the secret out) for many of the pso's pictures! Cananda you can purchase one picture for $25.00 and keep it!!!! You get the pick of whatever type/look of female you want. Much easier, cheap, and that's why these pictures are there! Also you can find any look, age size etc...because many of the pictures are 'fixed' not real ladies at all. It's cool actually!
Good luck,
Pamela
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Dude, it is just a rollover photo, so what is the big deal with taking it down? I don't even know how to write HTML or JAVA but I bet I could figure out how to pull down the photo in less than an hour.
Just download the source code into your wysiwyg editor and start fiddling around with stuff until you can get the photo deleted. This will save you a lot of headache and bad feelings with this dancer. Who knows, if you are cordial with her you may be able to scratch each other's back in the future (Say, she's got a party she can't cover, and sends them your way??).
If you do this quickly, you can take the high road and be the consumate proffesional. You will always come out on top by being the better business person.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
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Originally Posted by mark45y
Leave it up till you get a court date. They are just rattling sabers. When you get a court date ask them how much it is worth to take it down. If they say nothing take it down. If they say a dollar take the money and put a different pic of her up. By that time she will probably have run out of money for her site. Real world.
Wow, you have some really anger issues don't you? (i know, because sometimes I feel the same way)
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Re: Take My Pics Off Your Site Or I'll Sue!!!
That's not going to hold water if she didn't sign a release, and she can in fact, sue the pants off him if she didn't. I know this, because I have done it. and am in the procces of getting my pic off another photog's site that doesn't have a release for me, and therefore has no business using my image.
Why are you so angry that you are encouraging someone to exploit this woman? get some therapy, and deal with your anger issues.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Dude, just out of curiosity, we all know substituting one pic for another is not hard work nor is it a bitch to change. If you work with dancers all the time, and rely on their good will why wouuld you WANT to get a reputation of someone who cannot be trusted? What is your working reputation worth to you? You'd be surprised how fast a reputation as a good and professional manager and agency can turn into a reputation for an opportunistic, unprofessional , exploitative and unreliable agency in this kind of biz.
As for your rights in the picture - consult a lawyer.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Just take the dam picture down. Quit being such a douche about this whole scenario. How is her 1 picture jeopardizing your website? Don't you have other dancers who work for your agency who you could use to fill your void.
I'd sue you too...
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Unless you have a release, you misunderstand your legal rights to the photo:
http://www.danheller.com/model-release.html
Even if you have a release, it's better for your rep in the long run if you accommodate her--I would, and I have a ton of photos of dancers on my site, too.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
actually is she knew pics were being taken shes SOL. If you take a pic of your family at the zoo for example and someone else happens to be in the picture they cant legally make you not use it ona family site like myspace etc so they cant do it on your site either.
Forget about releases etc and 2257's. Its just bs to intimidate you. If they could really sue you there wouldnt be so many companies posting pic from playboy or penthouse and if their lawyers cant do anything neither can hers.
Unfortunately some people in my business dont use their brains in matters like these.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Dude, I can't even find FLASH in your website. u_u
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Re: Take My Pics Off Your Site Or I'll Sue!!!
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Originally Posted by lilithmorrigan
Dude, I can't even find FLASH in your website. u_u
i noticed that too. it seems like pretty simple graphics to me... if you designed the site yourself and you still have the actual file you used to create the images it should be easy as pie to swap it over to a different girl.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
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Originally Posted by amylynnej
actually is she knew pics were being taken shes SOL. If you take a pic of your family at the zoo for example and someone else happens to be in the picture they cant legally make you not use it ona family site like myspace etc so they cant do it on your site either.
2257's and releases are required for pictures containing adult content, not for the general public, otherwise we wouldn't have any newspapers.
"See, any site where there is adult-oriented content needs all people listed on the site to sign a 2257 form not only to allow you to use their photos on your site, but to also verify that they were 18 years of age or older at the time the photos were taken."
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Re: Take My Pics Off Your Site Or I'll Sue!!!
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Originally Posted by madison_leigh
2257's and releases are required for pictures containing adult content, not for the general public, otherwise we wouldn't have any newspapers.
"See, any site where there is adult-oriented content needs all people listed on the site to sign a 2257 form not only to allow you to use their photos on your site, but to also verify that they were 18 years of age or older at the time the photos were taken."
The performers or models themselves dont need to sign the form. The company that a performer is running under gets your needed info. and keeps it for the companies records. You simply send in proof of age, address, phone number and social security and the performer is set. 2257 actually is to help stop child porn..but we as adult entertainers on the internet reap the benefits of this new law as well! I went through this crap with a phone sex company that would not take down my nudes...and they did not have my correct info. as i have moved, and had a new number...that IS a big issue with the DOJ as well!
Pamela
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Re: Take My Pics Off Your Site Or I'll Sue!!!
It seems like it would be a lot less hassle to change your site than to have to go through the expense and headache of hiring an attorney.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
its not on my flagship site, i've got a ton of sites this one is
I did talk too an attorney, one of those free legal advice things on the web, he said she is also SOL because she was aware that we would be taking photos and that she was in a public place at the time, his advice was to charge her an extraordinary amount to take it down ... I'm gonna take it down because I've got better things to do than go back and forth with some stripper
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Re: Take My Pics Off Your Site Or I'll Sue!!!
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Originally Posted by ctstriptease1
I've got better things to do than go back and forth with some stripper
Yeah, it's not like she's a human or anything :sarcastic: what a jerk.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
^^No shit. Not exactly the best attitude to be displaying on a STRIPPER site, built FOR STRIPPERS ::)
Just look at it like this man. If YOU wouldn't want your pics plastered on an adult-oriented site, then just do the right thing, be considerate of another HUMAN BEING's feelings and change it. Not like you don't have tons of other pics you can use. It just never ceases to amaze me how shittily people treat others in this world. Ugh.
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Re: Take My Pics Off Your Site Or I'll Sue!!!
Without going into moral issues.
If she's served you WRITTEN notice of her intent to have you remove the pics - consider doing it. If she files a suit - then do it.
You can always claim you remedied the situation.