Body Pillows of Cosplayers Sold Without Consent
|10 min read
Recommended Journals
Where the hell is the updated dA logo fix?
Yea, as some of you may know, about 3-4 weeks ago, DeviantArt (god, how weird it looks written this way. Screw this, I'll still be writing deviantART) staff made a minor update that caused my deviantART logo/topbar fix plugins to stop working properly. Many people are getting nervous, because there goes fourth week with no fix for this. Well... If you had followed my GitHub account, you would've know that I posted a quick fix of updated source files there about 20 days ago, so it's not like I don't knoiw about this problem, or I can't solve it. I just have more things prevised to be done before releasing the newest plugin. So, getting to the
Why you 'should' use Google Analytics
Hi everyone! As you may have heard, Deviantart now includes the tracking codes necessary for Google Analytics to work, and people with premium accounts now can use Google Analytics. You probably have one of the following reactions: Hurray! Yay! What the heck is that? Looks like a lot of work. Don't care. Oh no!  PRIVACY CONCERNS! If you have privacy concerns, btw, I have another journal entry that deals specifically with those, which you can find here: ( Analytics privacy concerns ) Maybe you even set up an account immediately on hearing the news, then looked at it and saw something like this: Which looks completely useless, right?
Art Resources
I was going to have this on a widget on my page, but I think the list will end up getting way too long for that... I thought it might be a nice idea, even though everyone and their dog has one of these, to put together a compilation of art resources for anybody to use (and for my own quick reference). I've gotten a lot of these from other compilations, but hey -- we're all in it together. If you have any suggestions for me to throw in here that are helpful in any area of art (anatomy, colour theory, technique, brushes or stock photos - anything!), leave me a comment and I'll add it here. There won't be much on here to start with, but I'll
Featured in collections
RobynRose's avatar
By RobynRose   |   Watch
24 107 20K (1 Today)
Published: June 10, 2013
On this episode of They will steal your photos and sexualize you whether you like it or not, we have a photographer selling body pillows with prints of cosplayers on them (front and back, just in case you didn't get the idea of a body pillow) at AnimeNEXT.


Currently, the geekosphere is waiting for the photographer to respond to accusations of using images inappropriately.
Some models may have signed a licensing agreement allowing him to use their photos and likeness, but were not aware of and did not agree to body pillow printing. That kind of business should be told up-front immediately in a contract. As well, not checking to see if a model is underage is legally and morally reprehensible.

Since I'm not a cosplayer who attends cons, my photos are not involved in this, but with the trouble I've had with theft in the past I can absolutely sympathise with cosplayers who feel explaoited and who would certainly not see a penny of the money taken in despite having their images sold in such a creepy and demeaning manner.

UPDATE: The Photographer has responded by saying he is legally in the right and has publicized the contracts these models reportedly signed.

Let's take a look at that contract, shall we?

2 Image Solutions
Www.2imagesolutions.com
Model Release

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 and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio- visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer / Filmmaker and / or Assigns for descriptive purposes.

I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.

It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

Definitions: "ASSIGNS" means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company. "CONSIDERATION" means $1 or something else of value I have received in exchange for the rights granted by me in this release. "CONTENT" means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. "MEDIA" means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. "MODEL" means me and includes my appearance, likeness and voice. "PARENT" means the parent and/or legal guardian of the Model. Parent and Model are referred to together as "I" and "me" in this release, as the context dictates. "PHOTOGRAPHER / FILMMAKER" means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me. "SHOOT" means the photographic, film or recording session described in this form.

Here is the contract in whole, below is my commentary.

2 Image Solutions
Www.2imagesolutions.com
Model Release

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 and to use the Content in any Media for any purpose (except pornographic or defamatory)

This already opens with avery vague and confusing statement. "For any reason and any purpose?" If you read those words anywhere on a contract, RUN LIKE HELL.
 Below is stated a definition of terms, but they did not define what "pornographic or defamatory" means. In this case, the photographer is arguing that the pillows are "keepsakes" and are not sexual in nature. The contract does not clearly define what is considered sexual in nature.

which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio- visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer / Filmmaker and / or Assigns for descriptive purposes.

I'm not sure what he means by "ethnicities", but when using a cosplayer's image for promotional purposes, you would assume that the product would also have the company's name or logo on it. Otherwise, what are you promoting?  Promotional items exist to promote. These logoless items seem to be sold for their own existence alone.

I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.

RUN AWAY. RUN LIKE HELL.
You need to at least be able to further negotiate your contract considering that you've agreed to have no rights to it. This is shady, over-reaching and awful. No one should be bound to a contract like this.

It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

This means " I can keep your personal information, share it with whoever I want, and share it in places where copyright and privacy don't exist, which could then be transferred back to places like the states, avoiding those pesky privacy and copyright laws."

Shady.
As.
Hell.

Definitions: "ASSIGNS" means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company. "CONSIDERATION" means $1 or something else of value I have received in exchange for the rights granted by me in this release. "CONTENT" means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. "MEDIA" means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. "MODEL" means me and includes my appearance, likeness and voice. "PARENT" means the parent and/or legal guardian of the Model. Parent and Model are referred to together as "I" and "me" in this release, as the context dictates. "PHOTOGRAPHER / FILMMAKER" means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me. "SHOOT" means the photographic, film or recording session described in this form.

This contract can be essentially summed up with "I get everything forever and you get nothing nah-nah-nah bo-boo". While it may be held up in a court of law, it is completely unethical, especially if such a contract is being signed on the spot by underage cosplayers who have no familiarity with contracts.

1) Contracts, and the materials they represent should expire. And with promotional material like this, they should expire quickly. I.E. you can use a cosplayer's image for one con season, or three months, or a year. Not forever and without end. If the images are especially important, there should be a renewal option for when the content expires.

2) The cosplayer should own their likeness and the images. They are licensing them to the promoter to use. The promoter should not own the cosplayer's image or likeness in any way, and certainly should not have exclusive rights.

3) There should be up-front information about what "pornographic" and "defamatory mean.

4) There should be up-front information about what "promotion" means and whether profit is involved. Promotional items are given away for free to promote a company.
This is a logoless item being sold for profit. This does not seem to fall under known promotion practices.

5) You should check a model's age before asking them to sign a contract and if a model is underage, you legally need the parent's permission before you can go ahead.

And that is just the tip of the iceberg here.
Recommended Journals
Where the hell is the updated dA logo fix?
Yea, as some of you may know, about 3-4 weeks ago, DeviantArt (god, how weird it looks written this way. Screw this, I'll still be writing deviantART) staff made a minor update that caused my deviantART logo/topbar fix plugins to stop working properly. Many people are getting nervous, because there goes fourth week with no fix for this. Well... If you had followed my GitHub account, you would've know that I posted a quick fix of updated source files there about 20 days ago, so it's not like I don't knoiw about this problem, or I can't solve it. I just have more things prevised to be done before releasing the newest plugin. So, getting to the
Why you 'should' use Google Analytics
Hi everyone! As you may have heard, Deviantart now includes the tracking codes necessary for Google Analytics to work, and people with premium accounts now can use Google Analytics. You probably have one of the following reactions: Hurray! Yay! What the heck is that? Looks like a lot of work. Don't care. Oh no!  PRIVACY CONCERNS! If you have privacy concerns, btw, I have another journal entry that deals specifically with those, which you can find here: ( Analytics privacy concerns ) Maybe you even set up an account immediately on hearing the news, then looked at it and saw something like this: Which looks completely useless, right?
Art Resources
I was going to have this on a widget on my page, but I think the list will end up getting way too long for that... I thought it might be a nice idea, even though everyone and their dog has one of these, to put together a compilation of art resources for anybody to use (and for my own quick reference). I've gotten a lot of these from other compilations, but hey -- we're all in it together. If you have any suggestions for me to throw in here that are helpful in any area of art (anatomy, colour theory, technique, brushes or stock photos - anything!), leave me a comment and I'll add it here. There won't be much on here to start with, but I'll
Featured in collections
anonymous's avatar
Join the community to add your comment. Already a deviant? Sign In
Comments (98)
dontlookatme2's avatar
Ugh, some people...
Reply  ·  
AnimeWriter45's avatar
Me and my group got photos and we were told we couldn't get those because the business is closing. (gee, wonder why >.> ) But now the guys (2 guys and 5 girls in our group) are mad and wanting to make sure we didn't get our photos on the body pillows.
Reply  ·  
CelticStrm-Stock's avatar
CelticStrm-Stock|Hobbyist Digital Artist
I'm late on the band-wagon with this one.. but that is straight up creepy..
Reply  ·  
Charlene-Art's avatar
Charlene-Art|Hobbyist General Artist
That's disgusting...
Reply  ·  
gingersketches's avatar
gingersketches|Hobbyist General Artist
Disturbing...
Reply  ·  
Ameko-no-Mori's avatar
Ameko-no-Mori|Student Traditional Artist
actually, I wonder if it is able to be upheld in a court of law. You can put whatever you want in a contract, but that doesn't make it a legal document if it breaks laws. (for example, it is illegal to, say, sell sex. just because someone signs a contract that says is okay, doesn't make it legal). I would check up on whether there are any legal problems with such a contract. I bet any lawyer could see issues in the contract, probably, if there are any.
Reply  ·  
cuervojose's avatar
cuervojose|Professional General Artist
waoh. new forms of pervyness.
Reply  ·  
ale-xander's avatar
ale-xander|Professional Digital Artist
How can someone back themselves after hearing it repeated in their head? This is disgusting.
Reply  ·  
Tesa-studio's avatar
Tesa-studio|Hobbyist General Artist
did anyone ever call him out on the they are only 12x8 inches when there are pictures of obviously larger ones, if so what did he say
Reply  ·  
GiantPanda's avatar
GiantPanda|Hobbyist Digital Artist
Ick!
Reply  ·  
rynnailes's avatar
rynnailes|Professional Artisan Crafter
This is so disgusting...
Reply  ·  
WinglessHinata's avatar
WinglessHinata|Student Traditional Artist
I actually know people who were on the pillows and they are all scared just like I am.
This is disturbing and terrifying.
Reply  ·  
narutogoldylocks's avatar
narutogoldylocks|Hobbyist General Artist
This is fucking ridiculous. Like, seriously? Ugh some people are so vile. I can't believe that people would be so low as to do this to someone without him/her fully understanding what they're getting into.
Reply  ·  
VagaVulpes's avatar
VagaVulpes|Hobbyist General Artist
Um... Everyone here is aware that this has all been sorted out, right? >>> [link] At the bottom of the story, there is an edit saying it's all sorted out.
Reply  ·  
Kit-V's avatar
Kit-V|Hobbyist General Artist
It's a photos of a cosplayers on pillows... just see it as compliment that someone is down to pay cash for a big pillow of you to hug and sleep with at night. If anything, ask for a percentage of each sale of you.
Reply  ·  
mercurtio247's avatar
and on Fark, too: [link]
Reply  ·  
RAMENmanga-ka's avatar
Ew gross!
Reply  ·  
SpiderLocMTGO's avatar
Wow, this is anger and outrage for no reason. They signed a contract with a photographer to let him use the photos, he used them, and now they aren't happy. That's life. If you don't want something used, don't sign the contract.
Reply  ·  
PineappleSamurai's avatar
PineappleSamurai|Student Filmographer
I just hope they ask a few questions in the future. I.E. What they're planning to do with the pictures.
Reply  ·  
evelepic216's avatar
Unfortunately, I agree with you - while it's awful that they're being over sexualised etc etc, if they read and signed the contract, then it's their fault that they signed a contract they either didn't understand or didn't read well enough. I demand contracts from photographers, even if they're my friends, and I nit-pick them through entirely before I sign them, and any issues I have I bring up - with someone I didn't know? You'd be sure as hell I wouldn't sign a contract on sight, I'd ask to be able to take it away and read it properly, and get to catch up with them again later at the next day of the con - if they said no, clearly they're not interested in the photograph in the least, and it isn't worth my time and effort stressing over it :P
Reply  ·  
kimlasca's avatar
kimlasca|Student Traditional Artist
That's so creepy. I hope they get sued.
Reply  ·  
AardvarkEcho's avatar
AardvarkEcho|Professional Photographer
Photographers are a dime a dozen.

Unfortunately, approximately 93% don't have the first clue of what they are doing; lights, shadows, umbrellas, diffusers, lenses, the works. Just because you can aim a little plastic box and push a small button does not make you a photographer.

Of the 7% remaining, 6% of photographers appear to be in the business for one of two purposes; shark-like accumulation of money and intellectual property gains, or sexual gratification.

I'm a professional photographer; but it's getting to the point where I'm almost ashamed to introduce myself as such because of the horrid, despicable, monstrous behaviors of my creed. This kind of photographic contract is excruciatingly legally binding, and, you're right, it never expires.

Which means that regardless if there was a parent present to sign this monstrosity, the photographer is indemnified of wrongdoing when a third or fourth-party individual markets an underage child's image as sexual material.

It makes me sick.

I often wonder how many bodies I could accrue if I dressed up prettily and trolled a con hunting so-called "photographers" with contracts like this one.

Probably a whole lot.

In short - never ever ever ever allow a photographer to approach you while you're in costume. Never pose for one. Have fun and play around with fellow costumed folk, but run like the plague if someone with a camera shows up.

If you want your image taken while in costume, GO TO THEM. And read EVERYTHING carefully. Sign nothing if you do not understand it, and especially sign nothing if you think it might be saying you have no rights.

That is my advice as a true professional photographer.
Take it or leave it.
-AE
Reply  ·  
TheDM1's avatar
And as always thanks to Kxhara for bringing this to our attention... judging from the zillion negative comments on the photographer's DA page (Starlie put a link to it in her comment below) and the negative publicity attached to it.. not to mention the cosplayers telling each other about it .. it looks like this guy might have managed to torpedo his own career or at least put a really big dent in it ...
Reply  ·  
TheDM1's avatar
"Guess he's an asshole who knows how to cover his bases then."

Far as I'm concerned Starlie hit it right on the head with this one - others who have commented struck to the heart of the matter by making similar comments.

I'm seeing some comments by people talking about how legally the person making these pillows is - legally speaking - in the right, the models should have read the contract more carefully so it's partially their fault et cetera.. to be honest I think those comments sort of miss the point in that .. you need to stop and put yourself in the shoes of the other person here... in this case the models whose pic's are appearing on the pillows.

Apologies in advance to the teenagers on DA out there I'm sure there are a lot of teenagers who are extremely mature/wise for their age who would pause to examine the legal-ese here but I'm thinking back to myself as a young-un and my fellow teenagers in those times... we sure as heck wouldn't have bothered to go over the contract with a magnifying glass, we were too young! And sure you can argue " It's the teenage model's fault" all you want but .. to be fair would someone at that age be thinking to themselves " Wait a minute, what if this guy puts my pic on a big pillow that guys are going to sleep on and possibly, um, do STUFF to ?" Or some life-size doll or something equally creepy. It's not the first thing that would come to mind for me personally.. heck, let's drop the whole teenage thing completely ... I can't tell from the comments and links if the pics are in fact of teenagers (maybe someone can shed some light on this ) but even then, I'm sure there are adult cosplayers out there who wouldn't think of that immediately themselves....that the pic's would be used in this fashion.

As far as the photographer (shakes head).. C'mon dude, you're telling me this guy snapped pic's of (quite possibly - and I'm sure anyone who's been to enough conventions knows a lot of the cosplayers are young) teenage models, slapped them on great big pillows he's more than likely going to sell to guys and didn't stop to think for a single moment that it was at least a little bit .. off? If it's say some adult lingerie model he found on DA or what not that's a bit different, if she's out there posing in - well, lingerie - obviously she's far more comfortable with this sort of thing, she's either doing it for artistic purposes or for income, maybe both ... but even in the lingerie model's case the moral and ethic thing to do is to contact her and say " Hey I'm going to be putting your image on big pillows and selling them to men - do you have an issue with this?" For all you know she might not but if she does have a problem with it.. hell, if you're going to do this why not deliberately seek out someone who does say nude pic's on DA, tell her flat out exactly what kind of pillow she's going to appear on, and if she's ok with it give her a cosplay costume of whatever character on her then shoot HER pic's instead.. seek out someone who's going to be ok with it up front instead of just springing it on an unsuspecting target. I'm sorry but that's just plain sleazy.

Again it all comes down to just stopping and putting yourself in the other person's shoes, just for a moment. And as far as the photographer's comments in his reply statement that the pillows were meant to be used in an innocent fashion .. that they're nothing more than "pretty keepsakes".. these are BIG pillows that are going to be on a BED .. anyone with at least a bit of common sense would stop and think ' Hey WAIT a minute... perhaps my buyers wouldn't use them for (ahem) " just sleeping ' " .. Then there's the link above from Marie Grey where the pic's of the model's , um, behinds, are clearly displayed on the back side of the pillow.. you're going to tell me there isn't at least a little bit of sexualizing going on there? I'm not sure his defense that it's not "overly sexualized" (his words) holds water .. sure it doesn't show the model in a provocative " do something to me " pose but still it's a BUTT .. common sense indicates if you're showing a woman's backside off it's at least a little bit sexual.

Yes I know, all sorts of businesses out there don't bother with "being fair" or "sensitive to others" in pursuit of the all mighty dollar. That still doesn't make it right.

And kudos to barn owl far as I'm concerned for this part of his comment.. " This guy was likely intentionally taking advantage of girls who were having fun and were not thinking about the ramifications of letting a "professional photographer" (and I use the term loosely) take their pictures. He did not explain how he intended to use the images or that he could use them any way he wanted to whenever he felt like it. And I'm pretty sure he wasn't bothering to discuss or explain the contract he was having them sign. When I took the photos I mentioned above, I was very clear what I was using them for, and that I would be doing some manipulations of the photos. "
Reply  ·  
anonymous's avatar
Join the community to add your comment. Already a deviant? Sign In
©2019 DeviantArt
All Rights reserved