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Thread: What to do?

  1. #1
    Darcy Foxx
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    Default What to do?

    About a year and a half ago, I did a shoot with a photographer. I didn't get paid for the shoot, but I signed a contract that if any of the pics were purcahsed, I'd receive payment for it.

    Anyway I never heard anything from the photographer so I assumed the photos hadn't been sold.

    Today I was browsing around some sites, and what should I find, but 2 full nude photo sets of me available in the members section of a porn site, under the name "Sasha" with a whole fake profile.

    Am I able to take action against this? I'm really pissed off, because I have not received a cent for these images.

  2. #2
    God/dess scarlett_vancouver's Avatar
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    Default Re: What to do?

    Do you still have a copy of the contract? If so, hell ya you can take action against the photog.

    First thing, though, is to email the porn site and tell them you're the model, and you did not give permission for the pics to be used. Maybe they'll take them down (although I wouldn't get your hopes up...)

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    Default Re: What to do?

    Yes, there are things that can be done. It would be best if you could find a copy of the contract.

  4. #4
    God/dess Chrissy68's Avatar
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    Default Re: What to do?

    oh this is primed for a lawsuit against the photographer. what a fucker!

    Love it!

  5. #5
    Featured Member cameronfl's Avatar
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    Default Re: What to do?

    Absolutely...scan teh contract into your computer and send it along with a letter to the website telling them they are in violation of copyright.
    Then tell the photog that you want all copies and negatives ASAP or you are suing.
    Then get a lawyer.

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    God/dess cinammonkisses's Avatar
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    Default Re: What to do?

    Quote Originally Posted by cameronfl View Post
    Absolutely...scan teh contract into your computer and send it along with a letter to the website telling them they are in violation of copyright.
    Then tell the photog that you want all copies and negatives ASAP or you are suing.
    Then get a lawyer.

    Fucker. I hate people.......
    Agreed! And I'd tell the photographer that I want a cut of what he's gotten from your pictures. And if he doesn't want to disclose such figures then when you hire your lawyer he can look into this matter further. For all you know, there may be alot more of you that he's sold off! Good luck!







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    Veteran Member redvelvetrose's Avatar
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    Default Re: What to do?

    That sucks! I hope you get what they owe you!

  8. #8
    Darcy Foxx
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    Default Re: What to do?

    I don't seem to recall ever being given a copy of the contract.

    The thing is, this guy is a really well known and highly recommended photographer in my city. I really trusted him and so did a lot of other girls I know. More than anything, I'm shocked that he would exploit me like this, because I seriously did not expect this from him... he was the last photographer I'd have expected to do something like that.

  9. #9
    Veteran Member redvelvetrose's Avatar
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    Default Re: What to do?

    Even if you don't have a contract, wouldn't that mean they still don't actually have your legal consent to do whatever with those pics? I don't know how this kind of stuff completely works, but, there's gotta be something you can do. I don't know. Raise a fuss. Make sure other girls don't get taken advantage of by this douchebag too.

  10. #10
    Featured Member cameronfl's Avatar
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    Default Re: What to do?

    At the very least...you now know to ALWAYS get a copy of ANYTHING you sign.

    I'd reqest a copy of it from the photog...I dont know how laws work in Aust. but you should be entitled to one.
    People always ask me, did I ever learn anything when I was a stripper? Yeah, I did. One man plus two beers equals 20 dollars.
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    Myspace is an obsession...much like Stripperweb...
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    http://www.myspace.com/sexyhotdancer(work myspace)


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  11. #11
    God/dess Nautilus's Avatar
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    Default Re: What to do?

    it depends so much on the actual terms of that contract.

    what i would do is go directly to mr photographer and negotiate nicely, appeal to his good side. playing hardball straight away might get his back up and start a copyright argument that he could probably win as the creator of those images.

    i agree with the advice about the website given above. (find out what his affiliation is with the website - he may be closer linked than you think)
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  12. #12
    mermaidnz
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    Default Re: What to do?

    post this up and name him on ozmodel or something

    it sucks this happened to you, and if hes done it to you, imagine how many other girls have been duped by the fucker!

    go pay him a visit...a verbal contract is just as important as the written one isnt it? and a tfp arrangement is usually ALWAYS classsed as "if the tog sells images on, profits are split 50/50" in fact, unless you had a contract differentuating from that, id say that senario is the given

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    Default Re: What to do?

    I would ask for a copy of the contract... obtain it, then have a lawyer beat him on the head with it.

    Also who knows maybe he got hacked... yeah a 1% chance there I know. In my experience you have to be careful who has access to your computer especially if you have certain types of materials.
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  14. #14
    God/dess Lysondra's Avatar
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    Default Re: What to do?

    Forget the lawyer... I wanna see these pictures!!!

    Sorry...

    Sue. Sue 'em hard.


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  15. #15
    Senior Member Sinia's Avatar
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    Default Re: What to do?

    Hang on! Before you call your lawyer I would contact the photographer. The last thing this photographer wants is a scandal and to get his name dragged through the mud, so if you contact him FIRST then you have leverage and there is a good chance you'll get your cut of the money. Give him a chance to settle it with you before you get involved in all the headaches and cost of lawsuits.

    Especially if you can't source the contract.

    If you jump on him with a lawsuit and start badmouthing him then he'll just fight back with his lawyer and while you may come out on top in the end, lawsuits are EXPENSIVE and you'll probably spend more money than you'll get back.

    I agree with Nautilus. More chance of getting your dough going straight to the source.

  16. #16
    Darcy Foxx
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    Default Re: What to do?

    I contacted the site directly, and they informed me that the photos were sold to them by this particular photographer. They said they purchased the photos and there's nothing they can do about it, so any problems I have I need to take up with the photographer.

    I'm pissed because they use full nude shots of me in their free tour pages... considering I now do a topless/nude website, and I don't show any titty for free, this could really impact my career. The site I found my pics on is just a small crappy site, but still...

    It's all just fucked. I don't WANT to be on this stupid porn site.

  17. #17
    High_Heel_Lover
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    Default Re: What to do?

    I'm sorry.

  18. #18
    Darcy Foxx
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    Default Re: What to do?

    i've just found a whole heap of my friends and girls i know on this site. it looks like he's sold every shoot he's ever done to this website... i think that the site is like 95% his work.

  19. #19
    aussiepunkshocker
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    Default Re: What to do?

    ^^^ Do you think it might be his site?
    Im no whiz on contracts but if so since the photos wernt sold and the photos are available for free on the site maybe you have no leg to stand on which would really suck since there would be no payment. Was there anything in the contract about the photographer being able to do anything he liked with the photos otherwise? Ive seen some like this - its doesnt say so that simply of course, its usually severals lines at least but thats what it boils down to.
    See if you can get a copy of the contract. Your also entitled to half an hours free legal advice through the Citizens Advice Bureau if you did want to look into taking it up.

  20. #20
    Darcy Foxx
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    Default Re: What to do?

    well i contacted the site directly, and the site admin responded telling me that the photos were sold to them by this tog. so i don't think it's his site... i just think he contributes 95% of the content. it's all his shooting style, and there's sooo many girls i recognise.

    most of the photos are REALLY old. looking at dates, i think mine are 2 years old... there's photos of my friends and girls i've worked with from at least 3 years ago. but they were all submitted to the site late last year.

  21. #21
    God/dess Lysondra's Avatar
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    Default Re: What to do?

    ^ I had a feeling when you mentioned it that this is exactly what he did. Wait til the girls forget and sell the lot to a website... no one will ever notice... really...


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  22. #22
    Darcy Foxx
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    Default Re: What to do?

    Well after I told the site again how upset I was, they removed my photos. My friends are gonna do the same... but we'll still be taking action against the photographer, and we will definitely be warning girls against shooting with him again.

    It's so surprising, considering how much of a well known and highly respected and recommended photographer this guy is.

  23. #23
    Veteran Member lwtex52's Avatar
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    Default Re: What to do?

    Darcy, that is terrible. Surely you have a case, especially if you have a copy of the contract. I hope you do, and I hope you win.

    But, if it brings a smile to your face, I am always ready to hire a couple of wranglers from Fort Worth to hogtie his sorry ass and leave him outside a redneck bar in Lubbock, Texas wearing only a jock strap and a t-shirt that says "I'm a Gay Vegetarian In Favor Of Gun Control Who Votes For Liberal Democrats!"

    Just let me know.
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  24. #24
    God/dess UtahMike's Avatar
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    Default Re: What to do?

    Whether you had a contract or not, you have a right to sue for unauthorized use of your image, especially since you make professional use of your image.

    Also--if you don't have a contract, does the photographer have a model release signed by you on file? If not, he can't sell or release your photos because he does not have your permission to do so. (At least, that is the law in the USA, and I am fairly familiar with it from being a photographer and web designer.)

    Also, I'd get the company that does your web site to get their legal people in touch with the other site. They might have more muscle than you to get something done.

  25. #25
    Darcy Foxx
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    Default Re: What to do?

    The people who run the site are actually very nice and understanding and have already taken my photos down and apologised. So my issue isn't with them at all, it's just with the photographer.

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