Trouble With Models Claiming Rights

[HoneLynn]

So she stole the content from you? I would be pursuing that with an attorney as well and go after the 3 sites *your* content is showing up on. Sounds like someone needs a nice little C&D letter.

Also, make sure you watermark all your content. That way if it comes down to it, you are the only one in possession of the original content. 9times out of 10 the photographer is the one that owns the content.

[GonZo]

Originally Posted by HoneLynn

So she stole the content from you? I would be pursuing that with an attorney as well and go after the 3 sites *your* content is showing up on. Sounds like someone needs a nice little C&D letter.

Also, make sure you watermark all your content. That way if it comes down to it, you are the only one in possession of the original content. 9times out of 10 the photographer is the one that owns the content.

You sound like youve done content work!

[HoneLynn]

Originally Posted by GonZo

You sound like youve done content work!

I have dealt with dipshit talent before, yes

[GonZo]

Originally Posted by HoneLynn

I have dealt with dipshit talent before, yes

I have dealt with plenty of dipshits in this biz. The talent doesnt have a lock on that department.

[EmporerEJ]

Originally Posted by GonZo

I have dealt with plenty of dipshits in this biz. The talent doesnt have a lock on that department.

Amen Brother, Amen.

[TiffanyC]

Originally Posted by HoneLynn

So she stole the content from you? I would be pursuing that with an attorney as well and go after the 3 sites *your* content is showing up on. Sounds like someone needs a nice little C&D letter.

Also, make sure you watermark all your content. That way if it comes down to it, you are the only one in possession of the original content. 9times out of 10 the photographer is the one that owns the content.

I've tried a few watermarking programs out there but all of them take away from my picture quality and I can't figure out how to do it with photoshop. Do you by any chance have a link somewhere that I could read more on how to do it?

[tigermom]

Originally Posted by TiffanyC

I've tried a few watermarking programs out there but all of them take away from my picture quality and I can't figure out how to do it with photoshop. Do you by any chance have a link somewhere that I could read more on how to do it?

The way I do it with photoshop is creating an action (just recording one where I make a watermark on one image), then batch process folders with that action. You may need separate actions for vertical and horizontal, or you may be happy with one action for both.

Of course, when you sell to someone, you'll need the non watermarked version, but I would agree that if you're giving the model copies, you need to give her watermarked copies only.

[HoneLynn]

Originally Posted by tigermom

The way I do it with photoshop is creating an action (just recording one where I make a watermark on one image), then batch process folders with that action. You may need separate actions for vertical and horizontal, or you may be happy with one action for both.

Of course, when you sell to someone, you'll need the non watermarked version, but I would agree that if you're giving the model copies, you need to give her watermarked copies only.

Bingo. Photoshop actions and batch processing is the best way to do it.

[TiffanyC]

Originally Posted by tigermom

The way I do it with photoshop is creating an action (just recording one where I make a watermark on one image), then batch process folders with that action. You may need separate actions for vertical and horizontal, or you may be happy with one action for both.

Of course, when you sell to someone, you'll need the non watermarked version, but I would agree that if you're giving the model copies, you need to give her watermarked copies only.

Thanks! Why didn't I try the batch processing before with that? I do it for everything else. Thanks for the helpful hints. I was stupid and gave her a membership login and that's how she got all the content. I'll have to spend a few days....or weeks....watermarking and re-uploading everything.

Thanks again everyone for your help.

[papagmp]

Originally Posted by tigermom

The way I do it with photoshop is creating an action (just recording one where I make a watermark on one image), then batch process folders with that action. You may need separate actions for vertical and horizontal, or you may be happy with one action for both.

Of course, when you sell to someone, you'll need the non watermarked version, but I would agree that if you're giving the model copies, you need to give her watermarked copies only.

I always shoot in raw (nef) format - burn a dvd of the original nef files, use adobe raw file converter to adjust image color and exposure (if needed) then save the files as PSD files - I then back them up again (sans watermark).

Now split the psd files into two directories, landscape and portrait. Create an action to drop your watermark on all images in each directory and automate the action using the batch function now burn to dvd again (with watermark)

I then run use the "web photo gallery" option on the .psd files to create the 3 different size .jpg files and thumbnails that we use on the site. Burn the web galleries to dvd.

I then ftp the images and thumbnails to the site and run our add script - after ftp I only have about three minutes work to set primary and tour (teaser) images.

By backing up the images at each stage, I reduce the loss if a dvd gets scratched - I often burn two copies of the original nef files on shoots that I know went well.

[shunga]

Originally Posted by HoneLynn

So she stole the content from you? I would be pursuing that with an attorney as well and go after the 3 sites *your* content is showing up on. Sounds like someone needs a nice little C&D letter.

I think it's worth pursuing this angle as leverage. It sounds like you're on solid legal ground, whereas the model is not. If the model realises that court action will result in her being sued over copyright infringement, loss of earnings, etc., then she might, or her lawyer might, see the light and drop it.

[spacemanspiff]

What about going the "if you don't stop this crap, everyone in the industry is going to find out about it and you won't be able to sell a life raft to a drowning man."

Send her a big ass list of content producers and buyers with a draft of the letter that they'll be getting if she doesn't wise up.

[papagmp]

Originally Posted by HoneLynn

9times out of 10 the photographer is the one that owns the content.

9-out-of-ten - who among us can afford that one time??? This is an excerpt from our contracts - we also have contracts to establish a sub-contractor relationship, std testing, non-disclosure, etc... Shit it takes most models 2 hours to just read the damn contracts. Of course, we shoot most of our models more than once and try (very successfully) to get exclusive contracts for 3 to 6 months.


excerpt follows:
Contractor shall not post or permit the posting of Contractor’s Image on any web site, sell or distribute Contractor’s Images without GMP’s express written authorization.

I understand that Producer will be distributing the films in which I act through numerous channels of distribution and that the films will be viewed by persons not a party to this Model Acting Consent and may be viewed by persons known to me. Once distributed, the films cannot be recalled.

I understand that any film made shall be owned exclusively by Producer and that any profits earned by Producer or third parties due to the production, manufacturing, copying, publishing, dissemination, duplication, reproduction, or reissuance of the films are and shall remain the exclusive property of Producer or third parties and that I have been fully and completely compensated for my acting efforts and any consents, releases or contracts granted by me.

As used herein the term film or films means all records made of my acting efforts including those recorded on traditional film media by traditional methods as well as those recorded on electronic recording media and stored in digital format.

I have read and that I understand the terms of this Model Acting Consent, that I enter into this Model Acting Consent, and that this Model Acting Consent shall inure to the benefit of Producer, its successors and assigns.

Model’s Signature: Date:
Model’s Printed Legal Name:
Model’s Address:
Model’s Phone/email:

Witness’ Signature: Date:
Witness’ Printed Legal Name:
Witness’ Address:
Witness’ Phone/email: