MicrostockGroup
Microstock Photography Forum - General => General Stock Discussion => Topic started by: eva.night on January 17, 2018, 16:55
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Hello!
I found my photos on shutterstock sold by photographer. 27 photos. He made that photos with me like a model, but never told that he is selling them. And I did not know that he is selling them. I never agreed he to do that. My face is used there, however, I never sign any model release with him. So that means he is selling my photos without my permission and without model release signed by a model (me).
How it is possible to solve that problem? Because I am against that he is selling my photos without my permission which I never gave. I would like he delete my photos from stock and do not sell them, and be punished from stock for selling photos with fake release.
I already wrote a letter to shutterstock, they will investigate. But now he deleted all the photos. What can I do? And what usually happens in that cases?
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Usually you contact a photographer and tell him to take them down and that it wasn't right that he put them there without your permission. No need to to take a revenge trough third party unless he doesn't want to take them down, which he did. You could even settle for some kind of money compensation if that suits you.
Now if this is some kind of ex relationship thing, which it sounds like it is, still better to settle it personally.
Why I don't recommend ruining his reputation with ShutterStock is simply because I know that they won't bother and don't have resources for closely examining if the model release is legit or fake as you propose.
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No, he was just my friend. And he is really rude and agressive person. We do not communicate for 5 years. Cause he made a lot bad things. But we did not have any relationships or smth.
Just interested, how can I solve that with shutterstock. And what the details they need to solve that in right way.
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By relationship I meant any kind of personal relationship, not a professional one.
Well if he deleted the photos than it's solved as far as that goes I guess. If you would like to get some compensation for back sales I think you will have to get a lawyer and take to court where you would probably need verifiable screenshots of photos being on sale or database proof from SS that they had and sold those files, as well as examination of model release if it comes to that.
I don't think the SS would close an account just because a random person complains about model release of files that are no more there. Some other members may correct me.
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He deleted from shutterstock, but he sells that photos still on myloview.com, https://www.canstockphoto.fr (https://www.canstockphoto.fr), dreamstime.com. Sent them letters, too.
We did not have any relationships, no love or smth. Just friends, that is all.
Found the magazine which bought a photo from him and published like 1000 copies or smth. Magazine told that they will help me and will cooperate. Does it change anything?
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You can't posibly go around contact every agency and every customer that bought those photos. As much as we here, they can't determine who of you two is telling the truth, that must go through justice system. If you want to get compensated and photos taken down for good from all market places, you must get a lawyer, or at least contact one that specializes in copyright for his opinion on this matter.
There was an thread here with an article about a similar high profile case, I don't remember the details or how it ended, yoy might want to look it up.
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It's not a copyright issue. If she didnt sign a model release it's fraud.
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No, he was just my friend. And he is really rude and agressive person. We do not communicate for 5 years. Cause he made a lot bad things. But we did not have any relationships or smth.
Just interested, how can I solve that with shutterstock. And what the details they need to solve that in right way.
My compliments for the way you choose your friends ...
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It's not fraud. Fraud would be making a 'fake' model release. From what the poster said, he didn't do that - he just submitted the photos.
If she however doesn't want them online, and can prove she knows him (i.e., a photo of both of them together), then I think it should be pretty straightforward to get rid of the photos she doesn't want online.
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It's not fraud. Fraud would be making a 'fake' model release. From what the poster said, he didn't do that - he just submitted the photos.
If she however doesn't want them online, and can prove she knows him (i.e., a photo of both of them together), then I think it should be pretty straightforward to get rid of the photos she doesn't want online.
Unless there were submitted as editorial then SS wouldn't approve them without a model release so its a fair assumption that one exists...if she didn't sign it then yes its fraud. If they were editorial then it would be far more difficult if not impossible to remove and in many other circumstances as many victims of revenge porn and similar have found.
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It's not a copyright issue. If she didnt sign a model release it's fraud.
Well that would be a first step, determining if the release is fraudulent or not, but that's not the main case here, I'd say, the main case is the fact that the photos were uploaded and sold containing a person that didn't want them sold. Even if the release is found to be invalid it could be complicated to rule out who owns the copyright and right to sell those photos, depending on country and laws. I don't think it's easy as selling selling photos created by someone else.
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Assuming the OP is telling the truth, probably the big issue would be whether the tog has a friend who is willing to stand up in court and say that they witnessed you signing the release. It's impossible for you to get a witness to establish that you did not sign.
I hope you took screenshots of your pics on SS, and if not, do it now for any other sites your pics may be on.
And, as already said above, if the pics were submitted as editorial, there's not a lot legally you can go about it (in most countries).
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Assuming the OP is telling the truth, probably the big issue would be whether the tog has a friend who is willing to stand up in court and say that they witnessed you signing the release. It's impossible for you to get a witness to establish that you did not sign.
I hope you took screenshots of your pics on SS, and if not, do it now for any other sites your pics may be on.
And, as already said above, if the pics were submitted as editorial, there's not a lot legally you can go about it (in most countries).
Haven't done Models for a while but as I recall theres the tog plus a witness. I guess SSs first step would be to contact the witness though to be honest unless the photos are either very upsetting or have made $$$s it could all be extremely time consuming and expensive. If it were me I think I would contact sites where they have been published and ask them to be taken down. If you feel strongly though contact a Lawyer.
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It's not a copyright issue. If she didnt sign a model release it's fraud.
Well that would be a first step, determining if the release is fraudulent or not, but that's not the main case here, I'd say, the main case is the fact that the photos were uploaded and sold containing a person that didn't want them sold. Even if the release is found to be invalid it could be complicated to rule out who owns the copyright and right to sell those photos, depending on country and laws. I don't think it's easy as selling selling photos created by someone else.
There's no law against taking pictures of people and selling them if people don't want them sold. The are rules applied by agencies such as shutterstock about model releases so the question is around a breach of that for which Shutterstock would probably give them the boot and of commercial uses of the pictures. The copyright would be owned by the photographer unless the model bought the pics along with the copyright.
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Photo are not editorial. They are registrated on shutterstock like photos with signed model release. That means that photographer created fake model release. But he even does not know all my personal details to write them there. I f to compare with my passport. Or maybe he wrote there fake name of not existing person?
There are 27 usual photos, not naked. Just usual. With fake model release from him.
I think in the beginning I wrote, that we never spoke about selling photos with him while making photo shoots and I never signed anything. That means that this photographer made fake model release and uploaded photos on shutterstock and sold some of them without any agreement or permission of a model ( me).
And yes, I do not need money, I just want he to delete all the photos from all the stocks. And stocks to punish that illegal actions of him as well. If not, all can use fake model releases and can be criminals then. Why rules and law is created then?
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OKay - if that is the case - he made fake model releases, then that is something entirely different, and yes, would be fraud.
First - let him know what you are going to do if he doesn't take them down. It's the easiest, least stressful route. If he refuses, then I'd suggest talking to your local police station, because usually they have a division to investigate fraud. Since it sounds like your 'ex' friend would be in the same city, they might be able to do something about it.
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Review:
Eva says she found her photos on SS, for sale by "artist"
She never signed a release, they were for sale commercial not editorial
When she contacted "artist" he took down her photos
(this is where others have pointed out, always get a screen shot as evidence before you report something)
She has reported this to SS.
1) None of us have any way of knowing if any of these files had sales? Only that they were up for sale. Now that's gone?
2) Eva wants to make sure that "artist" also removes all her photos from any other sites.
3) SS needs to investigate to verify that Eva's story is true, while checking that "artist" did or didn't upload fraud model releases. Also that he hasn't done this with other photos.
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Just a bit of information. Myloveiew is a Shutterstock outlet, and the images deleted from Shutterstock will vanish from there, but sometimes still show up as for sale for some time. However, purchases are disabled.
Shutterstock has several outlets like that.
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1) I have all the screen shots of the photos and ID numbers of photos on the stocks.
2) I know 1 photo which was sold to a magazine from Shutterstock ( that photo was published in more than 1000 pieces) and I connected that magazine, they will give all the info. So I know the buyer and that buyer promised to help and to give all the info.
3) The photographer deleted not all photos from all stocks. Some photos still left and on sale.