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Woman finds out that her photos have been used in advertising all over the web


5 years 4 months ago #620480 by Pierce Steenken
Old article, but interesting.  I wonder if she read the model release?  

www.cbsnews.com/news/check-the-fine-prin...ds-around-the-world/
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5 years 4 months ago #620500 by effron
Probably not, but I'll bet. she did stay at a holiday inn express......
Why so serious?
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5 years 4 months ago #620626 by GaryA
Interesting stuff. Everybody needs to read that story.
There are photographs everywhere. It is the call of photographers to see and capture those images.
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5 years 4 months ago #620776 by Cory J
The key to this story, is to pay attention and read and UNDERSTAND what you are getting yourself into. 
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5 years 4 months ago #620794 by Troponin
It sounds like the photography took the headshot for a book and then sold the image to others to make additional profits. I think it’s fair to say that a majority of people would not suspect a photographer would be this dirty. Sure, we can all play Monday morning quarterback, But how many people can truly throw stones and say they have never been duped by a technicality or “fine print”? I’m sure very few. It just stinks that we have to deal with this kind of business. 
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5 years 4 months ago #620798 by Stanly
Well it could’ve been worse!
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5 years 4 months ago #620824 by garyrhook

Troponin wrote: It sounds like the photography took the headshot for a book and then sold the image to others to make additional profits. I think it’s fair to say that a majority of people would not suspect a photographer would be this dirty. Sure, we can all play Monday morning quarterback, But how many people can truly throw stones and say they have never been duped by a technicality or “fine print”? I’m sure very few. It just stinks that we have to deal with this kind of business. 


Um. no.

First off, if you sign something, the onus is on you to read it first. Otherwise, you get to experience the law of unintended consequences.

Secondly, model release are not complicated. They do, however, require a bit of thought. Again, the onus is on the signer to think about what they're doing. I learned 6 years ago, when I started out in photography, what a model release contains, and what it allows. This contractual arrangement is not a secret, it's not a scam, and it's not unusual. Nor is it wrong.

I'll continue. As a photographer, if I ask someone to sign a model release, with the intention of shopping the image for other purposes, I'll explain my intent so that it's clear what I'm asking of someone. But given a piece of paper (a contract) there is no requirement for me to do so, and I strongly object to the characterization that I would be "dirty" were I to expect someone to read something (and understand it) before signing it.

We don't get "duped" by fine print, we suffer the consequences of not reading or understanding what we sign. In which case, we are the ones that made the mistake. Does that make it right when someone willfully attempts to take advantage? No, of course not. But no one else is responsible for me, are they? This is a lesson that is not taught well, but that doesn't alter where the responsibility lay.

Finally, what does "this kind of business" mean? And why does it stink?
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5 years 4 months ago #620825 by garyrhook

Stanly wrote: Well it could’ve been worse!


What, exactly, does that mean, and how does it help?

There's a meme floating around on Facebook that reads something like "Yes, it could have been worse, Becky. But it could have been a hell of a lot better, too!"
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5 years 4 months ago #620955 by the four vignettes
I'm sort of curious if all the software EULAs everyone has deal with has made us more flippant about reading what we're signing.
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5 years 4 months ago #620978 by garyrhook

the four vignettes wrote: I'm sort of curious if all the software EULAs everyone has deal with has made us more flippant about reading what we're signing.


A very good question. Hard to imagine that hasn't had some impact.
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5 years 4 months ago #620986 by effron
A lawyer friend told me a while back its rare to see someone read a contract prior to signing, and he specializes in home closings.....:S
Why so serious?
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5 years 4 months ago #621057 by Ruby Grace
That's because most ASSUME what the contract says.   Then back pedal in shock when poo hits the fan and the contract has surprises in it. 
Canon EOS 5D Mark II, 17-40mmL, 24-105mmL, 100-400mmL, 300mm f/4L IS, Sigma 12-24mm, 430EX, Extension tubes
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