pancakes

MicrostockGroup Sponsors


Author Topic: Being sued by model in federal court, please read!  (Read 31157 times)

0 Members and 1 Guest are viewing this topic.

« Reply #125 on: January 29, 2015, 12:03 »
+10
Congratulations Katja, excellent news! This creates a precedent for future cases like this, and hopefully will reduce the number of them.
What a relief you must be feeling:)


« Reply #126 on: January 29, 2015, 12:35 »
+4
Thank you very much Elena! :D I hope so too, for all honest safe photographers.

« Reply #127 on: January 29, 2015, 13:41 »
0
Did you recover your legal fees from the accuser?

« Reply #128 on: January 29, 2015, 13:47 »
+12
Did you recover your legal fees from the accuser?

For 80%, she's ordered to pay within 2 weeks.

« Reply #129 on: January 29, 2015, 14:01 »
+6
What's scary is how anyone can be sued for anything, no matter how ridiculous, and in order to defend yourself it will cost a minimum of 50 grand, I had a lawyer tell me that. Completely unrelated to photography, but my family was sued by a cousin and aunt (an inheritance / property issue) and they made false accusations, which in the end the judge recognized and acknowledged and we won the case. But it cost us 50,000 bucks over many years to defend ourselves. Afterwards we thought about suing them for emotional damages and for starting up a frivolous lawsuit but our lawyer said it would be long and difficult to win and we couldn't afford it. Who won? The lawyers.

I feel for you man, I wish you the best.

donating.

Shelma1

« Reply #130 on: January 29, 2015, 15:08 »
+5
What's scary is how anyone can be sued for anything, no matter how ridiculous, and in order to defend yourself it will cost a minimum of 50 grand, I had a lawyer tell me that. Completely unrelated to photography, but my family was sued by a cousin and aunt (an inheritance / property issue) and they made false accusations, which in the end the judge recognized and acknowledged and we won the case.

Sounds like my situation. Luckily my case was dismissed after only a year, and the estate paid my legal bills. But it's very sad to have your own family members falsely accuse you of something. I'm very glad to hear Katja won. :)

Semmick Photo

« Reply #131 on: January 29, 2015, 15:23 »
0
:)
Hi guys, I know many of you were curious about the similar case in Europe. I'm glad to say that today we got good news from our lawyer: we won the case. The international character of the case did not hinder the Netherlands process being possible.

So here is just briefly on what grounds we won (in my own words):
1. Model failed to prove images were bought from stock agency; judge agrees they could be stolen from her own social/modeling profiles, from her computer or from publications elsewhere.
2. Even if they were licensed, still the agency's license was breached by end-users, which is not photographer's fault. Photographer handled correct selling images through a platform with a clear prohibition of damaging use.

I'm still a bit in shock, in a good way this time! This is a huge relief after 2 years of unfair game, full of peculiar details showing true colors of lawyer practices and some people we let into our life and work.

I sincerely hope that my American colleague will win his case on the same obvious grounds as we did and can continue to be a providing father and a professional.

A digital online record of my case should be available shortly I assume, it's not there yet, but those of you interested can simply send me a private message by that time  :)
Helemaal tegek, gefeliciteerd. Nu even vieren met een biertje. Als dit de eerste case in Nederland was dan kunnen ze deze case in ieder geval gebruiken als jurispudentie. Geniet van je overwinning!

« Reply #132 on: January 29, 2015, 16:26 »
0
Dank je wel  ;D

« Reply #133 on: January 29, 2015, 19:25 »
-42
Poor baby photographer is being sued  :'(

I'm tired of seeing your winy face (oh woe is me) on your video, asking for money and help, playing the Innocent victim. the only reason you are getting sympathy on here,  is cause its every other photographers nightmare to be sued by his model for a situation like this. AND that's why i don't shoot people, i shoot cabbage and such! :P

BUT, Lets look at it at least a bit from her side. Unintentionally (?) you have probably ruined here career! I read now she is "the face of porn" or something like that. you and all us photographers know the potential is there to for this to happen, especially if the pics you take are provocative, and I'm sure they are. so you should have at least had it in the fine print of her contract/release stating that there is a possibility that her photos could be purchased and used by the porn industry! but you don't cause you know what, then the models are going to pause and think abt it before consenting to the photos. 

i really resent you acting as if you are the victim and have no fault in this and are surprised that you are being sued.     We ALL know that this possibility exists to happen. WE need to stop downplaying it or completely ignoring and not mentioning it, thinking it wont happen to me.

My advice to you is suck it up and settle asap.

« Reply #134 on: January 29, 2015, 19:51 »
+20
Poor baby photographer is being sued  :'(

I'm tired of seeing your winy face (oh woe is me) on your video, asking for money and help, playing the Innocent victim. the only reason you are getting sympathy on here,  is cause its every other photographers nightmare to be sued by his model for a situation like this. AND that's why i don't shoot people, i shoot cabbage and such! :P

BUT, Lets look at it at least a bit from her side. Unintentionally (?) you have probably ruined here career! I read now she is "the face of porn" or something like that. you and all us photographers know the potential is there to for this to happen, especially if the pics you take are provocative, and I'm sure they are. so you should have at least had it in the fine print of her contract/release stating that there is a possibility that her photos could be purchased and used by the porn industry! but you don't cause you know what, then the models are going to pause and think abt it before consenting to the photos. 

i really resent you acting as if you are the victim and have no fault in this and are surprised that you are being sued.     We ALL know that this possibility exists to happen. WE need to stop downplaying it or completely ignoring and not mentioning it, thinking it wont happen to me.

My advice to you is suck it up and settle asap.

I resent ignorance and you have plenty of that.

« Reply #135 on: January 29, 2015, 19:56 »
-14
Poor baby photographer is being sued  :'(

I'm tired of seeing your winy face (oh woe is me) on your video, asking for money and help, playing the Innocent victim. the only reason you are getting sympathy on here,  is cause its every other photographers nightmare to be sued by his model for a situation like this. AND that's why i don't shoot people, i shoot cabbage and such! :P

BUT, Lets look at it at least a bit from her side. Unintentionally (?) you have probably ruined here career! I read now she is "the face of porn" or something like that. you and all us photographers know the potential is there to for this to happen, especially if the pics you take are provocative, and I'm sure they are. so you should have at least had it in the fine print of her contract/release stating that there is a possibility that her photos could be purchased and used by the porn industry! but you don't cause you know what, then the models are going to pause and think abt it before consenting to the photos. 

i really resent you acting as if you are the victim and have no fault in this and are surprised that you are being sued.     We ALL know that this possibility exists to happen. WE need to stop downplaying it or completely ignoring and not mentioning it, thinking it wont happen to me.

My advice to you is suck it up and settle asap.

I resent ignorance and you have plenty of that.

Good responce, that cleared everything up.
Why dont you step into someone else shoes for a sec. Not just the shoes the benefit you the most.

« Reply #136 on: January 29, 2015, 20:08 »
+13
@ouchie: Obviously, you have never seen a model release and have not a slightest idea what it states in pretty noticeable full-size print. So, you posting in this thread why? You know, you can start your own thread discussing problems of shooting cabbages, I can help with that if you don't know how, but please, don't make posts without at least some rudimentary understanding of the subject.

« Reply #137 on: January 29, 2015, 21:12 »
-19
@ouchie: Obviously, you have never seen a model release and have not a slightest idea what it states in pretty noticeable full-size print. So, you posting in this thread why? You know, you can start your own thread discussing problems of shooting cabbages, I can help with that if you don't know how, but please, don't make posts without at least some rudimentary understanding of the subject.

Be real, not just self serving.

Why don't you step into someone else shoes for a sec. Not just the shoes the benefit you the most.

I know exactly what a model realease is, i have used them a few times, in the beginning. But i realised the potential for problems, because they are not very clear. So I photograph cabbage, or whatever.

I understand why you all are getting offended and are using semi vieled insults.....cause it has the potential to hit your wallet. ;)

you asked why i posted in this thread. well read between the lines. you all are being self serving and one sided and i decided to take the others side. plain and simple.

also if i needed to discuss the problems of photographing cabbage, i would not ask you. you have enough problems with you own pics ;D

« Reply #138 on: January 29, 2015, 22:44 »
+6
I don't know, I've been thinking about this.    ::)

It was so obvious her images were going to be used in sex related websites.  The other day I found the "famous" picture in a well known swingers site and that was exactly the way I would have thought the image would be used if I had been the photographer or the model.   Were they so naive to not see this coming?  What happened here shouldn't have been a surprise for the model or the photographer.   They are both adults!!!
What do we really have here?  A naive photographer who was dying to shoot a hot girl and didn't stop to consider all the risks of shooting and selling such images? or a photographer who knew perfectly well how these images could be used, and yet he didn't explain all the risks to the model? A naive model? or a model who just saw an opportunity to get publicity and a good amount of money?
Hmmm...

« Reply #139 on: January 29, 2015, 23:42 »
+4
:)
Hi guys, I know many of you were curious about the similar case in Europe. I'm glad to say that today we got good news from our lawyer: we won the case. The international character of the case did not hinder the Netherlands process being possible.

So here is just briefly on what grounds we won (in my own words):
1. Model failed to prove images were bought from stock agency; judge agrees they could be stolen from her own social/modeling profiles, from her computer or from publications elsewhere.
2. Even if they were licensed, still the agency's license was breached by end-users, which is not photographer's fault. Photographer handled correct selling images through a platform with a clear prohibition of damaging use.

I'm still a bit in shock, in a good way this time! This is a huge relief after 2 years of unfair game, full of peculiar details showing true colors of lawyer practices and some people we let into our life and work.

I sincerely hope that my American colleague will win his case on the same obvious grounds as we did and can continue to be a providing father and a professional.

A digital online record of my case should be available shortly I assume, it's not there yet, but those of you interested can simply send me a private message by that time  :)

Wonderful news Katje!!  Congratulations!   So happy to hear common sense won!

Semmick Photo

« Reply #140 on: January 30, 2015, 01:31 »
+5
I could potentially be hit by a car when leaving the house so I started living like a cabbage.


« Reply #141 on: January 30, 2015, 01:41 »
+6
Congratulations, Katja! Thank you for posting this!


« Reply #142 on: January 30, 2015, 01:48 »
-4
I could potentially be hit by a car when leaving the house so I started living like a cabbage.

and thinking like one.

Semmick Photo

« Reply #143 on: January 30, 2015, 02:19 »
+2
LOL, it seems the only one here using semi vieled insults is Ouchie

I guess the constructive discussion in this thread had to end at some point. Luckily it lasted 6 pages before Lagereek's mini me arrived on the stage.  ;)

« Reply #144 on: January 30, 2015, 02:38 »
+4
Congratulations, Katja! Thank you for posting this!
Wonderful news Katje!!  Congratulations!   So happy to hear common sense won!

Thank you guys! :)

« Reply #145 on: January 30, 2015, 02:43 »
-10
LOL, it seems the only one here using semi vieled insults is Ouchie

I guess the constructive discussion in this thread had to end at some point. Luckily it lasted 6 pages before Lagereek's mini me arrived on the stage.  ;)

did you want to say "constructive discussion" or "one sided discussion"?

one sided, sounds much more appropriate for this thread. Photog's agreeing with photog's, is not constructive discussion...that's called self serving discussion.

you ppl sure do get you panties in a bunch when someone takes on the opposing view!

oh yea, and i got your mini me right here ;D

StockPhotosArt.com

« Reply #146 on: January 30, 2015, 02:52 »
+3
I could potentially be hit by a car when leaving the house so I started living like a cabbage.

LOOOOOOOOOOL!!!

« Reply #147 on: January 30, 2015, 03:28 »
-21
I could potentially be hit by a car when leaving the house so I started living like a cabbage.

LOOOOOOOOOOL!!!

Hey, i just looked at your portfolio and it made me............. "LOOOOOOOOOOL!!!"

« Reply #148 on: January 30, 2015, 08:58 »
+4
I could potentially be hit by a car when leaving the house so I started living like a cabbage.

LOOOOOOOOOOL!!!

Hey, i just looked at your portfolio and it made me............. "LOOOOOOOOOOL!!!"

Just reading your posts gives me an OUCHIE!

« Reply #149 on: January 30, 2015, 09:14 »
+21
I could potentially be hit by a car when leaving the house so I started living like a cabbage.

LOOOOOOOOOOL!!!

Hey, i just looked at your portfolio and it made me............. "LOOOOOOOOOOL!!!"

You seem to be anonymous and haven't provided any links to your portfolio. Please don't make comments about someone else's portfolio when you are hiding behind anonymity - that is pathetic.


 

Related Topics

  Subject / Started by Replies Last post
12 Replies
2813 Views
Last post May 01, 2012, 02:00
by Microbius
23 Replies
4008 Views
Last post January 15, 2013, 14:45
by ShadySue
6 Replies
3247 Views
Last post March 24, 2013, 17:30
by Batman
3 Replies
2094 Views
Last post February 10, 2017, 10:23
by brookephotostudio
55 Replies
8495 Views
Last post May 02, 2019, 04:41
by unnonimus

Sponsors

Microstock Poll Results