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Microstock Photography Forum - General => General Stock Discussion => Topic started by: Allen on January 15, 2009, 13:33

Title: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Allen on January 15, 2009, 13:33
I found this magazine http://issuu.com/wesbenn/docs/gaytimesmag , with one of Yuri's models.  It is a gay magazine and Yuri's model is on the cover.  Some people would take offense at this and others wouldn't.   

What's your view if you seen one of your models in a gay/lesbian magazine?
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: mantonino on January 15, 2009, 13:35
Gotta admit - wouldn't be pleased if that were my photo.  That being said, we lose control once we upload so....
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: cdwheatley on January 15, 2009, 13:39
I bet the magazine asked for permission. To many potential lawsuits every month.

I had the "Florida gay rodeo association" lol.. contact me to use a image of mine from istock. they wanted to be sure all parties involved were ok with usage.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Pixart on January 15, 2009, 13:41
Might be Yuri's model, but is it his photo? 
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: null on January 15, 2009, 13:46
If an actor plays Hamlet, does that imply he is Hamlet? Modeling is about acting and impersonating. I never shot a real businessman but my port is full of "businessmen". I always tell my models that they can be used to promote anything. A vegetarian can be used in an ad for meat. I shot an atheist boy recently as "Muslim girl with headscarf". If they have second thoughts about the job, that's fine, but then I don't want them.

You could argue about slanderous use, but as Obama said that race is not an issue, you can as well argue that sexual orientation is not an issue. If I'm right, this is 2009.  :o
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: vonkara on January 15, 2009, 13:47
I would not care if I was the model. Only 12 years old think being gay is bad. At least I hope it's the case in the 21th century
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Allen on January 15, 2009, 13:50
I would not care if I was the model. Only 12 years old think being gay is bad. At least I hope it's the case in the 21th century

I wouldn't care if I was the model either... but then again I do know a lot of people that are still very homophobic. (Sorry if that's not politically correct.)
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: mantonino on January 15, 2009, 13:53
I would not care if I was the model. Only 12 years old think being gay is bad. At least I hope it's the case in the 21th century

Slander is an untruth that could hurt someone's reputation.  Whether YOU are homophobic or not (and most people aren't now - which is good), it could hurt the model's reputation for sure.  Maybe not with you.  But with others, as dragon_fang said "a lot of people are still very homophobic."

Personally don't care - maybe the model IS gay or maybe they asked.  :) 
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: vonkara on January 15, 2009, 13:54
Yes I know that. But these people are not my friends LOL. I even don't care if they exist. Speeching for myself. It could be different for this guy
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: bittersweet on January 15, 2009, 13:57
It could be different for this guy

...or his wife ... or his kids???

Would they be "homophobic" to see him there? Hmm... I'm not sure if that is the word I'd use.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: null on January 15, 2009, 14:11
Personally don't care - maybe the model IS gay or maybe they asked.  :)

Well it's not about what some people might think, but about what the model thinks. I figure that was the question originally. But nevertheless, sexual orientation is not as neutral an issue as vegetarian/meateater, and then there is the crazy American legal system that allows trillions for the most exotic "damages". So it would be wise indeed to ask the model beforehand.

I have a very strict clause in my generic MRF that the use of the Photographs is beyond discussion. I don't mention slanderous or sensitive use in it at all. The Photographs and their use are beyond our control. I tell that the models beforehand.

Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Dreamframer on January 15, 2009, 14:18
This guy on the cover of the magazine is an adult and I am sure photographer told him that his photo can appear everywhere. So.... it's too late to think about his reputation. He signed the MR, he wanted to appear somewhere. He didn't signed MR to appear only in magazines "for girls" like Cosmopolitan :)  
and I am sure this won't ruin his reputation. I live in small city and people here are very conservative. But I still think, girls would look at this guy even with more interests after this... they would be more curious...just to check if it's true :D
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: vonkara on January 15, 2009, 14:18
deleted... Yea the guy signed the model release. That means a lot. Weird sometimes that I can't make people sign a release in the small village I live in actually. But I can have hundred when I'm in Montreal if I really wanted it. Are they affraid of life. Meaningless I know
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: null on January 15, 2009, 14:19
...or his wife ... or his kids??? Would they be "homophobic" to see him there?

If his wife or his kids, or "homophobes" for that matter, see him in the GayTimes, I think they have some explanations to do first  :P
Homophobes are mostly closeted gays in a state of denial. Straights just don't care.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Pixart on January 15, 2009, 14:58
LOL, I have to be the most prejudice one here because my first thought was "Anyone who is that good looking HAS to be gay anyway."   I think I spent too many years working in theatre and film where everyone was presumed gay until otherwise stated... now I live in quite a red-neck part of the world and I haven't met one openly gay person in the 6 years that I've been here.   Not to mention, the theatre here sucks.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Freedom on January 15, 2009, 14:58
If the model is gay and consents to be open, "gay" and "homosexual" are likely to be in the keywords. That's how I handle it.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: bittersweet on January 15, 2009, 15:11
A couple of years ago, a couple of well-known female photographers at istock happened to have posed for some photos together at an istock event. They are just friends and most definitely not gay (married -to men- with children, etc). There were no suggestions to the contrary in the title, description, or keywords of the image. One of these images was downloaded and used on a GLBT dating website and on their banner ad.

When this was discovered, these women were less than thrilled, and istock got involved and the photos were removed on the grounds that it was in violation of the licensing agreement.

Appearing on the cover of a gay magazine is a bit different than appearing in an ad, and unless they did get special permission from the model, or there was some artist's statement saying that this model would be fine with that type of usage, I'd say that they've stepped into dangerous territory.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: gostwyck on January 15, 2009, 15:19
Just because they've put the image on the cover (or within) the magazine does not automatically imply that the model is gay. All it implies is that gay men are likely to find the model attractive.

Celebrities and sportstars (like the footballer David Beckam for example) often become 'gay icons' and I'd assume would be featured in gay magazines without any suggestion that they are gay.

I think any agency would struggle to take any action against such a use and would risk being accused of being homophobic if they attempted to.

Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: PeterChigmaroff on January 15, 2009, 15:25
I used to have a very comprehensive release that covered all sensitive use issues like this. But most agencies and micros need a different release. I could never really figure this out. I get the occasional call from trad agencies regarding sensitive issues, most recently a model was to be used to depict a cancer surviver, but I would not allow such a use through a micro it I had a say in the matter. However I know I don't always have a say.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: lisafx on January 15, 2009, 15:42
I am surprised that simply being used on a gay magazine or website can be construed as "sensitive use" according to istock's legal department.  Does that mean that someone being portrayed as hispanic, or jewish, or republican, or whatever if they aren't is also sensitive use if the model objects? 

My daughter has dark curly hair and has been mistaken for hispanic so many times that I finally just started adding the keyword.  My senior models were used to advertise a Jewish retirement home, despite the fact that he is actually an ordained minister.  No big deal.  Why should there be some special exception made if a model is used in a gay publication?

There is a big difference between a legal "sensitive use" and simply people's personal preferences and prejudices.  What the models think really shouldn't be legally relevant if they have signed a comprehensive model release.  I know the sites licenses have exceptions for "sensitive uses" but my model release doesn't. 

If we have been honest with our models and made sure they understand the release then the rest is pretty much out of our hands unless there is clearcut abuse, which this obviously isn't. 
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Sean Locke Photography on January 15, 2009, 15:49
I agree that the model is just eye candy for the cover, and the magazine is probably within most licenses to use it as such.  No endorsements or implications by a reasonable person.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: PeterChigmaroff on January 15, 2009, 16:19
I am surprised that simply being used on a gay magazine or website can be construed as "sensitive use" according to istock's legal department.  Does that mean that someone being portrayed as hispanic, or jewish, or republican, or whatever if they aren't is also sensitive use if the model objects? 


Trouble is its usually the lawyers and courts who end up deciding, not reasonable people.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: goldenangel on January 15, 2009, 16:31
I am surprised that simply being used on a gay magazine or website can be construed as "sensitive use" according to istock's legal department.  Does that mean that someone being portrayed as hispanic, or jewish, or republican, or whatever if they aren't is also sensitive use if the model objects? 

I totally agree. Who's going to define what "sensitive" is. Perhaps appearing in a religious, or a "racial minority" specific magazine can be offensive to someone? I'm sure many people get offended with many different things. I sincerely hope that being gay, or Hispanic, or ... makes no difference i many people's minds. For those for whom it still does, it's their problem and they should deal with it.

The model signed the MR, which means he agreed to the terms of it. I see no issue there.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: araminta on January 15, 2009, 16:39
Might be Yuri's model, but is it his photo? 


It is  ;)
http://www.istockphoto.com/file_closeup/people/1594813-young-male-underwear-model.php?id=1594813 (http://www.istockphoto.com/file_closeup/people/1594813-young-male-underwear-model.php?id=1594813)

Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Tuilay on January 15, 2009, 16:42
Gotta admit - wouldn't be pleased if that were my photo.  That being said, we lose control once we upload so....

I think that says it all. A model is more like an actor. You play a part, even if it may or may not be your lifestyle.
Remember nobody thought the late Rock Hudson , the actor that made  ladies (ask your granny, ha!ha!) swoon in the old days, was gay. It was not relevant , and was at that time, none of anybody's business.
How about a model who portray a burnt victim, or a drug addict? Does that mean they are ?
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: null on January 15, 2009, 16:49
LOL, I have to be the most prejudice one here because my first thought was "Anyone who is that good looking HAS to be gay anyway."

Of course he is. Or he is a very good impersonator. Or both. The vast majority of my models is gay. Michelangelo was gay. Gays are just very good impersonators and actors. Why not tap into that resource? At least they are not heterophobes and they don't mind to figure in straight ads.  ;D
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: hali on January 15, 2009, 17:00
LOL, I have to be the most prejudice one here because my first thought was "Anyone who is that good looking HAS to be gay anyway."

Of course he is. Or he is a very good impersonator. Or both. The vast majority of my models is gay. Michelangelo was gay. Gays are just very good impersonators and actors. Why not tap into that resource? At least they are not heterophobes and they don't mind to figure in straight ads.  ;D

I have some model friends who are gay, and yes, being a heterosexual, I do find gay models better role players . I would not say impersonators, role playing is a better word. Maybe it's due to their feminine side, as I do find female models much better in role casting than male .
But that could  just in my experience circle.
Back to topic, no, I don't think it really matter if a model's photo is used as a gay or whatever. It's only a role.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: e-person on January 15, 2009, 17:06
A model is supposed to be a professional. I advice people not to use family and friends. Being on the cover of a gay magazine might be an issue only if you are not a professional model. If you are, anyone should know it's just a photo.
Not that being on a gay magazine cover is a real issue. I mean, it's not a crime, just a matter of personal choices. :)
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: le_cyclope on January 15, 2009, 17:31
I would add  that for a model, being on a frontpage of a magazine must be very rewarding, no matter the subject of the magazine.

Ths man must be proud of it!

Claude
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: litifeta on January 15, 2009, 17:37
I heard two men talking in a pub.

One said to the other: "My mother made me a gay."
The other turned to him and said: "OH! Do you think if I gave her the material she would make me one as well?"
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: madelaide on January 15, 2009, 17:37
Do all "models" realize that images may be used for anything?  I can expect that from professional models, but not from family, friends, neighbours.  I think photographers have the moral obligation to explain what is actually implied in a model release for RF license.

Famous people in a gay magazine will not be considered gay, however a nobody in a gay magazine will at least be considered a possible gay.  I have no problem with this, but the model, if not a professional, would have at least to stand friends and workmates' jokes.  :)

Regards,
Adelaide
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: mantonino on January 15, 2009, 17:37
At least they are not heterophobes and they don't mind to figure in straight ads.  ;D

This may have been said in jest but it's probably the most poignant thing in this thread.  You're right - I never ask my gay models about appearing straight.  You are completely right and I take it back - I wouldn't care if that were my photo.  I hadn't thought about it this way...very smart stuff.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: avava on January 15, 2009, 18:33
Clearly legal in the RF industry. Different if you or the model wishes in RM but RF that is not considered slanderous. Unless rules have changed in the past year.

Best,
AVAVA
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Pixart on January 15, 2009, 23:49
I just came from photoshopdisasters (one of my favourite sites!) and just by chance I ran into another one one one of Yuri's models.   I wonder who feels worse?  The hot guy on the gay magazine or the hot girl on whatever this is with whatever they did to her arm?

(http://lh6.ggpht.com/_EHZsoUS6SIA/SUwjZe-sgnI/AAAAAAAACb4/aZhNiNHq4Cs/s512/tele7.jpg)
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: hoi ha on January 16, 2009, 00:01
I am gay and I would be so completely, totally offended if someone tried to imply I was straight - I would ask istock or any other stock site to ensure that such an offense would not ever happen - what would all my friends and family say? Not to mention my new spouse - we got married in Boston and people would start asking for all our wedding presents back if they saw me presented in such a light ... when I walked into my office people would snicker and say behind my back ... "Oh here comes the breeder ...".  What a terrible thing ...
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: fotografer on January 16, 2009, 02:26
LOl  that gave me a laugh to start the morning  :)

I am gay and I would be so completely, totally offended if someone tried to imply I was straight - I would ask istock or any other stock site to ensure that such an offense would not ever happen - what would all my friends and family say? Not to mention my new spouse - we got married in Boston and people would start asking for all our wedding presents back if they saw me presented in such a light ... when I walked into my office people would snicker and say behind my back ... "Oh here comes the breeder ...".  What a terrible thing ...
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Sean Locke Photography on January 16, 2009, 06:34
The hot guy on the gay magazine or the hot girl on whatever this is with whatever they did to her arm?

Holy heck, that is awful!  Ha!
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: null on January 16, 2009, 06:48
No need to ask permission here  ;D
Exclusive on DT and amongst my best sellers.
Proud and married. They also figured in this blogpost (http://blog.dreamstime.com/2007/09/06/gay-pride_art24264) of the excellent blog of Ellen Bough on Dreamstime, stressing the market potential of "gay" images.

(http://www.dreamstime.com/lesbian-brides-thumb1102773.jpg)
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Microbius on January 16, 2009, 07:36
I just came from photoshopdisasters (one of my favourite sites!) and just by chance I ran into another one one one of Yuri's models.   I wonder who feels worse?  The hot guy on the gay magazine or the hot girl on whatever this is with whatever they did to her arm?


I love that site, it's hilarious  ;D
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: Tuilay on January 16, 2009, 11:42
I just came from photoshopdisasters (one of my favourite sites!) and just by chance I ran into another one one one of Yuri's models.   I wonder who feels worse?  The hot guy on the gay magazine or the hot girl on whatever this is with whatever they did to her arm?

([url]http://lh6.ggpht.com/_EHZsoUS6SIA/SUwjZe-sgnI/AAAAAAAACb4/aZhNiNHq4Cs/s512/tele7.jpg[/url])


holy smoke batman  :o
i am assuming that the hackjob is the mag, not the awful retouching of the photographer.
what a way to get an amputation  ;D
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: vonkara on January 16, 2009, 12:33
I just came from photoshopdisasters (one of my favourite sites!) and just by chance I ran into another one one one of Yuri's models.   I wonder who feels worse?  The hot guy on the gay magazine or the hot girl on whatever this is with whatever they did to her arm?


Yep that's totally awful. I don't even want to include the image in my quote haha
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: shank_ali on January 16, 2009, 13:03
I had to look twice as the man has the same body shape as my own....
All models who sign our model release forms for us should be made fully aware of how the image might be used.
I have had one bad expierance..I asked my dentist and her two assistants to be models.They agreed.All was going well i was getting set up and the girls were signing the release forms.Then a practise partner came on the scene asking how can i stop his staff from having their faces put on naked bodies as i knew what could be achieved in photoshop!
The young girls lol with embaressment ,i was  out of my comfort zone anyway and this tithead just spoiled the shoot.He left saying ."hey if i wasent here you might of got away with it".
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: ason on January 16, 2009, 13:06
I dont read all the threads/answers BUT turn it around:

my gay model get so upset to get into the front page in a straight ( very hetersexual) magazine...
what do we talk about ? I dont know our .....
/lena
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: ason on January 16, 2009, 13:13
wanted to edit but it dont work:

I dont read all the threads/answers BUT turn it around: bla bla

my gay model get so upset to get into the front page in a straight ( very heterosexual) magazine...
what do we talk about ? I dont know do you... but this is some kind of a sexual Gaza...or..maybe we just have to accept we are all different...not dangerous...
love/lena
   
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: lisafx on January 16, 2009, 15:16
I had to look twice as the man has the same body shape as my own....
All models who sign our model release forms for us should be made fully aware of how the image might be used.
I have had one bad expierance..I asked my dentist and her two assistants to be models.They agreed.All was going well i was getting set up and the girls were signing the release forms.Then a practise partner came on the scene asking how can i stop his staff from having their faces put on naked bodies as i knew what could be achieved in photoshop!
The young girls lol with embaressment ,i was  out of my comfort zone anyway and this tithead just spoiled the shoot.He left saying ."hey if i wasent here you might of got away with it".


I've been asked the same thing a few times.  I generally point out that there is plenty of porn on the internet for free and evidently plenty of people willing to pose for it.  People don't need to bother photoshopping heads onto bodies.  And if they are inclined to bother with it, there are billions of free images online they can grab and use and nobody will be the wiser. 

Why would anyone with those type of intentions provide their ID and credit card info to join one of the sites that represents my work, and then pay $ for my copyrighted images just to butcher them into porn which is readily available all over the net for free?

That said, no, there are no guarantees and it is important potential models understand that. 
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: shank_ali on January 16, 2009, 15:38
Well said Lisa.I will try and explain to this guy before my next appointment how our files are watermarked and although a screenshot may be taken of  a micro image on a web page and cropped it is not much use to a person.
Also any person wanting to download a micro image needs to create an account and buys a bundle of credits,Like i said i was out of my comfort zone and thinking about the shots i wanted as the guy showed up and i totally lost any composure i had...I will be ready next time though.Lesson learned.
Title: Re: Are You Allowed To Imply A Model Is Gay? ATTN: Yuri
Post by: crazychristina on January 16, 2009, 16:05
I suspect the only person wanting to do such a thing would be someone who wanted to manipulate those particular models. Perhaps the guy who gave you a hard time would dearly love to see them naked so it was the first thought that entered his head.