Shop Forum More Submit  Join Login
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.
Add a Comment:
 
:icondontlookatme2:
dontlookatme2 Featured By Owner Dec 6, 2014
Ugh, some people...
Reply
:iconanimewriter45:
AnimeWriter45 Featured By Owner Jun 28, 2013  Hobbyist Writer
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
:iconcelticstrm-stock:
CelticStrm-Stock Featured By Owner Jun 23, 2013  Hobbyist Digital Artist
I'm late on the band-wagon with this one.. but that is straight up creepy..
Reply
:iconcharlene-art:
Charlene-Art Featured By Owner Jun 21, 2013  Hobbyist General Artist
That's disgusting...
Reply
:icongingersketches:
gingersketches Featured By Owner Jun 19, 2013  Hobbyist General Artist
Disturbing...
Reply
:iconameko-no-mori:
Ameko-no-Mori Featured By Owner Jun 18, 2013  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
:iconcuervojose:
cuervojose Featured By Owner Jun 14, 2013  Professional General Artist
waoh. new forms of pervyness.
Reply
:iconale-xander:
ale-xander Featured By Owner Jun 13, 2013  Professional Digital Artist
How can someone back themselves after hearing it repeated in their head? This is disgusting.
Reply
:icontesa-studio:
Tesa-studio Featured By Owner Jun 13, 2013  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
:icongiantpanda:
GiantPanda Featured By Owner Jun 13, 2013  Hobbyist Digital Artist
Ick!
Reply
:iconrynnailes:
rynnailes Featured By Owner Jun 13, 2013  Professional Artisan Crafter
This is so disgusting...
Reply
:iconwinglesshinata:
WinglessHinata Featured By Owner Jun 12, 2013  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
:iconnarutogoldylocks:
narutogoldylocks Featured By Owner Jun 12, 2013  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
:iconvagavulpes:
VagaVulpes Featured By Owner Jun 12, 2013  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
:iconkit-v:
Kit-V Featured By Owner Jun 12, 2013  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
:iconmercurtio247:
mercurtio247 Featured By Owner Jun 11, 2013
and on Fark, too: [link]
Reply
:iconramenmanga-ka:
RAMENmanga-ka Featured By Owner Jun 11, 2013  Professional
Ew gross!
Reply
:iconspiderlocmtgo:
SpiderLocMTGO Featured By Owner Jun 11, 2013
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
:iconpineapplesamurai:
PineappleSamurai Featured By Owner Jun 21, 2013  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
:iconevelepic216:
evelepic216 Featured By Owner Jun 12, 2013
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
:iconkimlasca:
kimlasca Featured By Owner Jun 11, 2013  Student Traditional Artist
That's so creepy. I hope they get sued.
Reply
:iconaardvarkecho:
AardvarkEcho Featured By Owner Jun 11, 2013  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
:iconthedm1:
TheDM1 Featured By Owner Jun 11, 2013
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
:iconthedm1:
TheDM1 Featured By Owner Jun 11, 2013
"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
:icondolorre:
Dolorre Featured By Owner Jun 11, 2013  Hobbyist Digital Artist
That's just sick. I fell sorry for the people who signed the contract. I doubt any of them knew what they were getting themselves into. Contracts (and people) like that need to BURN! (Not that I have any feelings on this matter >.> )
I hope things will end up okay in the end for them. (Not the jerk who wrote the contract)
Reply
:iconconquistador11:
conquistador11 Featured By Owner Jun 11, 2013
I find the whole cosplay scene kind of creepy in general, basically humans obsessed with me or my super friends.

In all seriousness, the only problem I see is said 'photographer' violating the rights reserved by Detective comics.
As for being sexually exploited by being on a 'body' pillow, that's a joke.

For one, all the popular female heroes have sexuality attached to them. Two, comic characters get plastered everywhere. When I was a 8, I had spiderman sheets, pillows, lamps and bed covers, that didn't mean I wanted to hump peter parker's alter ego. People just collect different things, especially at 'comic cons'. I mean was the superman 'body' pillow a sexual item as well? Unless Kalel had holes on specific body parts, it is just a collectible.
Reply
:iconerykkr:
Erykkr Featured By Owner Jun 11, 2013  Professional
Also really good breakdown of the contract shenanigans.
Reply
:iconerykkr:
Erykkr Featured By Owner Jun 11, 2013  Professional
I saw this, it's really sick. Especially it's hard with cons as well since taking pictures and posing for people is part of the fun, and it just brings the whole culture down.
Reply
:iconadventurous-kitsune:
Adventurous-Kitsune Featured By Owner Jun 11, 2013  Professional General Artist
My god that was a horrifically typo-ed version that I wrote below. 4am.

While the photographer should not own the cosplayers likeness; they should own the image that they have photographed. The photographer shot the image, they did the photoshop work which can take for hours. These things are typical in photography copyright and should be looked into before any cosplayer signs a contract. I'm a cosplayer and photographer myself; but -every- contract should be looked into.

However- far too often as a photographer; the images that I've worked my arse off on, have been stolen, used or not purchased as digital or paper prints. This is typical for -any- portraiture. The model generally; either purchases the rights or the prints.
Reply
:iconadventurous-kitsune:
Adventurous-Kitsune Featured By Owner Jun 11, 2013  Professional General Artist
While the photographer should not own the cosplayers likeness they should own the image, they shot the image they the photoshop work which can take for hours. These things are typical in photography copyright and should be looked into before any cosplayer signs a contract. Far too often as a photographer has the images that I've worked my arse off, been stolen, used or not purchased as prints happened. This is typical for -any- portraiture that the model either purchases the rights or the prints.
Reply
:iconchaostic2k1:
chaostic2k1 Featured By Owner Jun 11, 2013
Oh, and contracts with minors arn't null and void from the start. Some, depending by state, are always valid (New jersey, an emancipated/married/enlisted minor is an adult for contracts, 15 is the legal age for insurance related contracts, certain categories like houses or cars [necessities] etc), while some are voidable. Meaning, the minor, before they turn the age of majority, can void it/disaffirm it, but they have to explicitly exercise that right. It's not automatic, unless there is something illegal about the contract (A minor or their parents on their behalf can never legally contract for porn work, or to sell drugs, etc)
Reply
:iconchaostic2k1:
chaostic2k1 Featured By Owner Jun 11, 2013
You miss the part of "may include, among others," which means it's not limited to just promotion, marketing, etc. Promotion has a wide meaning, logos are not needed, neither is giving them away for free. Terms not defined in a contract default to statutory definition, and if not statutory definition, common definition. Pornographic and Defamatory are widely understood terms, both legal and in common use.

And frankly, the terms with "any use", "you give up all rights and assign them to me" "in perpetuity" etc, are all parts of a standard model release. You are giving up your claim on a picture, in exchange for whatever consideration you agree to. Time For Prints/Cd/Digital Copies is a standard and valid consideration. Don't take my word for it, go look up standard releases. Go on model mayhem and ask professional models what releases they sign. Nothing in this guy's release is shady in the least, as far as the law and photography circles go.
Reply
:iconnahemii:
Nahemii Featured By Owner Jun 11, 2013  Hobbyist Digital Artist
Thats a bad contract ... cant they reverse it?
Reply
:iconbarn0wl:
Barn0wl Featured By Owner Jun 11, 2013
Just to play devil's advocate here (just a little bit). And I am NOT saying that what he did was right. But there is a long way between "right" and "legal". I will say in advance that I suspect my comments may be unpopular since the general flow of the conversation is against the person who was selling these items. But, as a photographer who has used model releases on a few occasions, I would like to mention a couple of things.

A couple of things strike me. The girl whose image appears on the pillow pictured above does not say on her blog that she WAS under 18 when the picture was taken ... just that the photographer didn't check her ID. This is why almost all standard model releases have a clause where the model affirms that they are of legal age to enter into said contract. But, at an event such as a con where a great many people may be under 18, the photographer who didn't at least try to verify the age of a potential model is a fool. Still, that clause will go a long way towards keeping him from being sued by an angry parent.

Second, his model release is not all that different from most model release forms I've seen or even used. I refer you to the American Society of Media Photographers pages of standard model release forms; [link] ... These almost all say, basically, that the photographer owns the image and can use it how they see fit. Their standard adult release says:

[quote]"They [the photographer] have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever."[/quote]

The model release I've used in the past is similar to the "simplified" release. But, since I rarely take photos of people, I've rarely used it. I have taken a few photos quite a few years ago, for a Tarot deck I was starting to work on. But, I paid more than the $1 mentioned on the referenced blog. (I actually paid $15 if I remember right.)

My point is, that most model release forms pretty much say that the photographer owns the image ... not the model. The exceptions, generally, seem to be for professional models working on specific projects. This of course is very much in favor of the photographer, right or wrong. Kxhara, you have made it very clear on your site here that you own your images and this is what a model (professional OR amateur) must remember to negotiate with the photographer. But the general practice is that the photographer owns the image unless the model has contracted with him to take their photos (such as for the model's portfolio). In fact you'll see on the ASMP's page that they have a separate release for just that sort of thing.

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. They also got prints of the finished works. But the release I used (and which was pretty standard then) still states that I own the images.

This is why I stick with photographs of things ... not people.
Reply
:iconrobynrose:
RobynRose Featured By Owner Jun 11, 2013
I think the difference here is between "likeness" and the physical (or digital) entity that is the photo itself. Models need to own their likeness, in that they simply own the way they look. This is more clear when it comes to copyrighted characters like Mickey Mouse.

Disney owns Mickey Mouse's likeness, but sells merchandise with Mickey's face on it. You buy a cup with said face.

You own the physical entity that is the cup.
Disney still owns the property rights to Mickey's face. (what he looks like)

If you used that cup to make a drawing of Mickey and tried to sell it, you would be in violation of Disney's copyright because you took the part that they own (Mickey's likeness) and not the part that you own (the cup).

So when I say a model should own their own likeness, I mean that that they should never sign a contract that forbids them from seeking other work. This can often happen with exclusive endorsement deals. I.E. a company hires you to be the spokesmodel for its product but forbids you appearing in any other commercials because you would be then advertising two things at once.
Reply
:iconashleymerrill:
AshleyMerrill Featured By Owner Jun 11, 2013  Professional Digital Artist
This was amazingly put together. Also, I didn't know a few of those parts about the contract for models (I don't do photography unless for my own reference or memories). Thank you :D
Reply
:iconsenshistock:
SenshiStock Featured By Owner Jun 11, 2013  Hobbyist Photographer
This comment (which is very thoughtful and well put) explains pretty much how I feel about the whole thing. I have a very similar model release for people who do stock for me, though I am personally very clear with them that I may publish, release and profit from their images. Not to mention, my stock is CC BY 3.0 so it also means their face could end up being commercially used by not me without any compensation to me or the model.

It's always best to make sure people KNOW what they are signing, even if it's a little ridiculous.

Have you read a waiver for skydiving? They are insane. :slow:
Reply
:icondead82:
dead82 Featured By Owner Jun 10, 2013  Hobbyist Interface Designer
thats...wrong...why would they even sell such a thing?
Reply
:iconjellysaursfly:
JellysaursFly Featured By Owner Jun 10, 2013
Thank you for raising awareness on copyright issues!
Reply
:iconladykamling:
LadyKamling Featured By Owner Jun 10, 2013  Hobbyist General Artist
This man deserves to be hunted down...
Reply
:iconaikohana:
Aikohana Featured By Owner Jun 10, 2013  Professional Artisan Crafter
And now I'm kinda glad that I never get my photo taken at conventions unless I'm having a private photo shoot with one of my trusted friends as the photographer.
Reply
:iconthesoundtechie:
TheSoundTechie Featured By Owner Jun 10, 2013  Student Artist
That's really and truly sick...
Reply
:iconravenwolf89:
Ravenwolf89 Featured By Owner Jun 10, 2013  Hobbyist Traditional Artist
I've never seen contracts like these ever but even without your explanation I could tell something was wrong. It creeped me the hell out even more when I read your explanations of it O.o.... this is just downright disgusting and just plain wrong. I dont think ANY legal document like this should even BE legal because of the way it was written. Just because you write up a "contract" to me doesnt mean that contract should be binding unless it meets certain criteria. But of course that's not the way the world works and something this vague should be thrown out the window but more than likely it wont be. Unless of course they find something really wrong with it/minors signed it/etc.
Reply
:iconstalkin-me-no-more:
Stalkin-me-no-more Featured By Owner Jun 10, 2013
While that contract is shitty, it's just as much as the cosplayers fault. You always read a contract before signing and if you don't understand it fully, don't. He in no way made her sign it. Both parties are equality of wrong. Hopefully she will use this as a learning experience.
Reply
:iconseuraaron:
SeurAaron Featured By Owner Jun 10, 2013
He is most certainly breaking the copyrights of the creators and designers of the characters being portrayed by using the costume designs for commercial purposes, that at least is a good way to get him for his despicable behavior. I wonder if the studios have been notified...
Reply
:iconseuraaron:
SeurAaron Featured By Owner Jun 10, 2013
Well, they have now, as many as I could find.
Reply
:iconbigodevin28:
BiGoDeViN28 Featured By Owner Jun 10, 2013  Professional General Artist
Way I see it, she signed a contract. Despite it being shady, you don't sign shit without reading it first.
Reply
:icongingeropal:
GingerOpal Featured By Owner Jun 10, 2013
Oh my holy heck! That is the contract from hell. Thank you for bringing things like this to light for those who aren't familiar with contracts and how carefully they should be read.
Reply
:iconigcreator:
igcreator Featured By Owner Jun 10, 2013
I'm saddened that this man got away with such an appalling contract. I'm also sad that the cosplayers didn't have the contract education or support to see these very clear red flags, and now have to deal with this degrading treatment. That man better hang onto what content he has -- I doubt he'll get any more business ever again.
Reply
:iconlaughinggurl:
LaughingGurl Featured By Owner Jun 10, 2013  Student General Artist
Wow. That's crazy... I hope they at the very least verified that the girls are over 18... I don't even think you can legally make a contract with a minor... and the idea of your photo being some creeper dude's pillow? Ugh. :heart: Meow Meow
Reply
Add a Comment:
 
×

:iconrobynrose: More from RobynRose


Featured in Collections

Journals + Information + Etc by thedawnofanewday

Journal Thingies O,o by villamar


More from DeviantArt



Details

Submitted on
June 10, 2013
Thumb

Stats

Views
20,524
Favourites
24 (who?)
Comments
107