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Author Topic: Being sued by model in federal court, please read!  (Read 31156 times)

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« Reply #25 on: January 08, 2015, 09:37 »
+13
I had insurance but they found a way not to cover it.

I would pay your lawyer to look into that.  Insurance is there for unexpected lawsuits, not just for tripping on a cable or something.

I've modified the Stocksy release to say this, so things are clear:
"For Consideration herein acknowledged as received, and by signing this release, I hereby give the Photographer / Filmmaker and Assigns my permission to license the Content including my likeness and to use the Content in any Media for any purpose while using best efforts to prevent pornographic or defamatory use.  However, I recognize the liability for any misuse of the content lies with the end user of the content and not the Photographer.  Uses may include, among others, advertising, promotion, marketing and packaging for any product or service."


« Reply #26 on: January 08, 2015, 09:44 »
+6
Donated.
ALL photographers with people in their portfolio should contribute to this cause to whatever extent they can. This is really important.

Semmick Photo

« Reply #27 on: January 08, 2015, 09:55 »
+3
Do you have a PayPAL-Account? I don't like spread my card-nr. out in the world, and donate easy and sure via Paypal would be a solution.

I do have a paypal setup just for this

resnicklegalfund@yahoo.com

You should get in touch with PayPal and let them flag the account as charity, it will give you lower fees to pay on donations received.

Semmick Photo

« Reply #28 on: January 08, 2015, 09:57 »
+2
I had insurance but they found a way not to cover it.

I would pay your lawyer to look into that.  Insurance is there for unexpected lawsuits, not just for tripping on a cable or something.

I've modified the Stocksy release to say this, so things are clear:
"For Consideration herein acknowledged as received, and by signing this release, I hereby give the Photographer / Filmmaker and Assigns my permission to license the Content including my likeness and to use the Content in any Media for any purpose while using best efforts to prevent pornographic or defamatory use.  However, I recognize the liability for any misuse of the content lies with the end user of the content and not the Photographer.  Uses may include, among others, advertising, promotion, marketing and packaging for any product or service."

I am going to add that to all new releases I am asking models to sign going forward

« Reply #29 on: January 08, 2015, 10:10 »
+4
Donated.
ALL photographers with people in their portfolio should contribute to this cause to whatever extent they can. This is really important.

My family and I say thanks!

As far as the lawsuit, the lawyers I have talked to said,  there really has not been any cases like this that they know of that are in public record, so it is very important this is won in the photographer's favor.

Many people in the legal system are not really up to date on how images are sold online these days. When I was searching for a copyright and IP lawyer , some of them charge $800 an hour who have never heard of Paypal or Getty images. Luckily my Lawyers are very competent.

« Last Edit: January 09, 2015, 13:46 by bpepz »

« Reply #30 on: January 08, 2015, 10:17 »
+7
donated. Good luck!

« Reply #31 on: January 08, 2015, 10:18 »
0
What reason did your insurance company find to refuse you cover..?

« Reply #32 on: January 08, 2015, 10:25 »
+2
What reason did your insurance company find to refuse you cover..?

Well, there seemed to be several reasons. How I remember it, basically they said because the case was alleging fraud, they could not help me out, even though the fraud is only alleged, and I do not agree that I committed any fraud, they said it was not going to happen. Also, because I paid the model, it means she was not a client or something and the insurance would not help for that. I think their insurance model is only thinking about photographers doing weddings and such, and rarely deals with photographers who actually pay models.

I sort of looked into getting a lawyer try to help me get them to cover it, but that could costs tens of thousands of dollars and take several years, and still not work out. I don't have the time or money to take that chance.

No Free Lunch

« Reply #33 on: January 08, 2015, 10:32 »
+7
Just donated! We have to win this case! We barely get by on our income and something like this will kill our profession! Good luck and hope you/we win!

No Free Lunch

« Reply #34 on: January 08, 2015, 10:48 »
+2
To put this half million dollars into our terms- at $.36 per image one would need to sell 1,388,889 images to cover this amount! So for me that would take over 30 years  :-[


« Reply #35 on: January 08, 2015, 10:56 »
+2
Is there no way to get a pro bono lawyer?

+1

Anyone should win that case defending alone just with facts from the text. If he looses best lawyer in the world wont help him because the case is fixed which I doubt in this case.

The guy should only think how he should pump his defending expenses and get the refund after the case from the person who sued him

Semmick Photo

« Reply #36 on: January 08, 2015, 10:58 »
0
To put this half million dollars into our terms- at $.36 per image one would need to sell 1,388,889 images to cover this amount! So for me that would take over 30 years  :-[
Just wondering if you made a typo? At 3800 downloads per month, you probably arent on the 0.36c tier.

No Free Lunch

« Reply #37 on: January 08, 2015, 11:03 »
+2
To put this half million dollars into our terms- at $.36 per image one would need to sell 1,388,889 images to cover this amount! So for me that would take over 30 years  :-[
Just wondering if you made a typo? At 3800 downloads per month, you probably arent on the 0.36c tier.

.38c so only 28 years. Just shows you how bad this lawsuit is to us! If she wins a lot of us will have to change what we shot- the industry will change as whole...

« Reply #38 on: January 08, 2015, 11:05 »
+2
Is there no way to get a pro bono lawyer?

+1

Anyone should win that case defending alone just with facts from the text. If he looses best lawyer in the world wont help him because the case is fixed which I doubt in this case.

The guy should only think how he should pump his defending expenses and get the refund after the case from the person who sued him

All the lawyers I talked to said a refund even if I win the case is extremely unlikely, it just is not something that happens that much in civil cases, even in ridiculous ones like mine. The legal definition of frivolous and the common sense one are two different things, and judges are extremely reluctant to rule any case frivolous in even some pretty extreme cases. I also asked about if I did lose, could I file bankruptcy since I have n chance of ever paying $500,000, I guess even in that situation, because case is alleging a fraud element, I can't even file for bankruptcy, this is scary as hell.

 I am confident I will be able to win the case, but only if I get enough money to get through it. Going through the process of discovery and depositions will cost a gigantic amount of money because of the huge amount of hours it takes. When you are paying many hundreds of dollars an hour, this adds up really fast even for something that is simple, it is pretty frightening.
« Last Edit: January 10, 2015, 01:29 by bpepz »

« Reply #39 on: January 08, 2015, 11:07 »
0
sorry double posted

« Reply #40 on: January 08, 2015, 11:10 »
0
sorry double posted

Semmick Photo

« Reply #41 on: January 08, 2015, 11:17 »
+2
To put this half million dollars into our terms- at $.36 per image one would need to sell 1,388,889 images to cover this amount! So for me that would take over 30 years  :-[
Just wondering if you made a typo? At 3800 downloads per month, you probably arent on the 0.36c tier.

.38c so only 28 years. Just shows you how bad this lawsuit is to us! If she wins a lot of us will have to change what we shot- the industry will change as whole...
I figured you would be on 38 cent. Good work, 3900 dls per month is something only I can dream of.


« Reply #42 on: January 08, 2015, 11:28 »
+7
Nancy Wolff is an excellent choice. She is very knowledgable. I have hired Nancy to make training presentations to licensing staff at more than one stock company. She knows the ins and outs of model related problems and you will find her to be fair (no padded bills) and reasonable. There are many cases in the past of similar situations and Nancy is aware of them.

If I were an attorney, I'd go for a summary judgement right out of the gate...but then I'm not.

« Reply #43 on: January 08, 2015, 13:34 »
0
Nancy Wolff is an excellent choice. She is very knowledgable. I have hired Nancy to make training presentations to licensing staff at more than one stock company. She knows the ins and outs of model related problems and you will find her to be fair (no padded bills) and reasonable. There are many cases in the past of similar situations and Nancy is aware of them.

If I were an attorney, I'd go for a summary judgement right out of the gate...but then I'm not.

I am very lucky to have her on the case. It is only because the case was moved to new york was I even able to hire her.

« Reply #44 on: January 08, 2015, 14:14 »
+1
Is there no way to get a pro bono lawyer?

+1

Anyone should win that case defending alone just with facts from the text. If he looses best lawyer in the world wont help him because the case is fixed which I doubt in this case.

The guy should only think how he should pump his defending expenses and get the refund after the case from the person who sued him

All the lawyers I talked to said a refund even if I win the case is extremely unlikely, it just is not something that happens that much in civil cases, even in ridiculous ones like mine. The legal definition of frivolous and the common sense one are two different things, and judges are extremely reluctant to rule any case frivolous in even some pretty extreme cases. I also asked about if I did lose, could I file bankruptcy since I have n chance of ever paying $500,000, I guess even in that situation, because case is alleging a fraud element, I can't even file for bankruptcy, this is scary as hell.

 I am confident I will be able to win the case, but only if I get enough money to get through it. Going through the process of discovery and depositions will cost a gigantic amount of money because of the huge amount of hours it takes. When you are paying many hundreds of dollars an hour, this adds up really fast even for something that is simple, it is pretty frightening.


I openly dislike lawyers, I had 5 court cases in my life, 2 with lawyers witch I lost and 3 by representing my legal person of which I won 2 and settled in last on but that was my plan.


Anyways

If they had not ignored my side of the story, here is what they would have reported. She was an experienced lingerie and implied nude model, appearing on a magazine cover in such apparel.  I told her agent before the shoot it would be used for stock photography.  During the shoot I also told the model that the images would be for sale for stock photography and explained how stock photography works.  I explained to her that these agencies prohibit pornographic use in their terms of service..  Another person who often helped me from time to time was present during the shoot and witnessed everything.


If he had all that in written on that piece of paper that she signed he would be unbreakable in the case, but I think even like this way he cannot loose, but it highly depends on that model release and its content.

Obviously that contract or model release that people call it should be considered more seriously and photographers should not use first template of same that find on google but some legally unbreakable one which every average notary should be able to write if not the photographer alone with minimal research and fully protect them self.

« Reply #45 on: January 08, 2015, 14:17 »
0
Is there no way to get a pro bono lawyer?

+1

Anyone should win that case defending alone just with facts from the text. If he looses best lawyer in the world wont help him because the case is fixed which I doubt in this case.

The guy should only think how he should pump his defending expenses and get the refund after the case from the person who sued him

All the lawyers I talked to said a refund even if I win the case is extremely unlikely, it just is not something that happens that much in civil cases, even in ridiculous ones like mine. The legal definition of frivolous and the common sense one are two different things, and judges are extremely reluctant to rule any case frivolous in even some pretty extreme cases. I also asked about if I did lose, could I file bankruptcy since I have n chance of ever paying $500,000, I guess even in that situation, because case is alleging a fraud element, I can't even file for bankruptcy, this is scary as hell.

 I am confident I will be able to win the case, but only if I get enough money to get through it. Going through the process of discovery and depositions will cost a gigantic amount of money because of the huge amount of hours it takes. When you are paying many hundreds of dollars an hour, this adds up really fast even for something that is simple, it is pretty frightening.


I openly dislike lawyers, I had 5 court cases in my life, 2 with lawyers witch I lost and 3 by representing my legal person of which I won 2 and settled in last on but that was my plan.


Anyways

If they had not ignored my side of the story, here is what they would have reported. She was an experienced lingerie and implied nude model, appearing on a magazine cover in such apparel.  I told her agent before the shoot it would be used for stock photography.  During the shoot I also told the model that the images would be for sale for stock photography and explained how stock photography works.  I explained to her that these agencies prohibit pornographic use in their terms of service..  Another person who often helped me from time to time was present during the shoot and witnessed everything.


If he had all that in written on that piece of paper that she signed he would be unbreakable in the case, but I think even like this way he cannot loose, but it highly depends on that model release and its content.

Obviously that contract or model release that people call it should be considered more seriously and photographers should not use first template of same that find on google but some legally unbreakable one which every average notary should be able to write if not the photographer alone with minimal research and fully protect them self.

The language of the release seems to be sufficient, that is not in question. The plaintiff is trying to get around it by saying I fraudulently induced her to sign it, which I did not.

« Reply #46 on: January 08, 2015, 14:31 »
+2
The language of the release seems to be sufficient, that is not in question. The plaintiff is trying to get around it by saying I fraudulently induced her to sign it, which I did not

Ok, thats her right.

On which base will she try to prove that, because she has to clearly prove that and  that's the main question of the case.

Your whiteness importance will go into second plan because she will probably claim that you 2 work together and represent same side.

Secondly, whats her agent point of view, if photographer gets him on his side or even on neutral that only should win the case.

If I was the photographer I would seriously research and consider pulling accusation of breaking a legal contract and request coverage of all expenses that came as a result of that.


Then there is a possibility of requesting refund of all  losses because photographer reputation has been ruined with that case and newspapers articles representing one side only.

Maybe she will quit and settle on nothing when she know shell have to pay big time if she looses this one and there are strong chances she will.


« Reply #47 on: January 08, 2015, 14:42 »
0
The language of the release seems to be sufficient, that is not in question. The plaintiff is trying to get around it by saying I fraudulently induced her to sign it, which I did not

Ok, thats her right.

On which base will she try to prove that, because she has to clearly prove that and  that's the main question of the case.

Your whiteness importance will go into second plan because she will probably claim that you 2 work together and represent same side.

Secondly, whats her agent point of view, if photographer gets him on his side or even on neutral that only should win the case.

If I was the photographer I would seriously research and consider pulling accusation of breaking a legal contract and request coverage of all expenses that came as a result of that.


Then there is a possibility of requesting refund of all  losses because photographer reputation has been ruined with that case and newspapers articles representing one side only.

Maybe she will quit and settle on nothing when she know shell have to pay big time if she looses this one and there are strong chances she will.

I think she ditched her agent months before the lawsuit and nothing about her agent was ever brought up in court. She is claiming I never paid her as well, I have paypal receipts and facebook messages proving this. She probably does not want to bring up her old agent because she would end up having to admit I actually did pay her, and she was informed the images would be used for stock photography, which she is claiming she was never told.

As far as her agent and all, this is purely speculation on my part. I am not clear why her relationship with her agent seemed to drift apart.
« Last Edit: January 10, 2015, 01:31 by bpepz »

« Reply #48 on: January 08, 2015, 14:46 »
0
The language of the release seems to be sufficient, that is not in question. The plaintiff is trying to get around it by saying I fraudulently induced her to sign it, which I did not

Ok, thats her right.

On which base will she try to prove that, because she has to clearly prove that and  that's the main question of the case.

Your whiteness importance will go into second plan because she will probably claim that you 2 work together and represent same side.

Secondly, whats her agent point of view, if photographer gets him on his side or even on neutral that only should win the case.

If I was the photographer I would seriously research and consider pulling accusation of breaking a legal contract and request coverage of all expenses that came as a result of that.


Then there is a possibility of requesting refund of all  losses because photographer reputation has been ruined with that case and newspapers articles representing one side only.

Maybe she will quit and settle on nothing when she know shell have to pay big time if she looses this one and there are strong chances she will.

I think she ditched her agent months before the lawsuit and nothing about her agent was ever brought up in court. She is claiming I never paid her as well, I have paypal receipts and facebook messages proving this. She probably does not want to bring up her old agent because she would end up having to admit I actually did pay her, and she was informed the images would be used for stock photography, which she is claiming she was never told.

If its not to late I would call the man asap

« Reply #49 on: January 08, 2015, 14:48 »
0
The language of the release seems to be sufficient, that is not in question. The plaintiff is trying to get around it by saying I fraudulently induced her to sign it, which I did not

Ok, thats her right.

On which base will she try to prove that, because she has to clearly prove that and  that's the main question of the case.

Your whiteness importance will go into second plan because she will probably claim that you 2 work together and represent same side.

Secondly, whats her agent point of view, if photographer gets him on his side or even on neutral that only should win the case.

If I was the photographer I would seriously research and consider pulling accusation of breaking a legal contract and request coverage of all expenses that came as a result of that.


Then there is a possibility of requesting refund of all  losses because photographer reputation has been ruined with that case and newspapers articles representing one side only.

Maybe she will quit and settle on nothing when she know shell have to pay big time if she looses this one and there are strong chances she will.

I think she ditched her agent months before the lawsuit and nothing about her agent was ever brought up in court. She is claiming I never paid her as well, I have paypal receipts and facebook messages proving this. She probably does not want to bring up her old agent because she would end up having to admit I actually did pay her, and she was informed the images would be used for stock photography, which she is claiming she was never told.

If its not to late I would call the man asap

Its actually a woman but that is probably a good idea.


 

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