Women sues for image in add

[donald_l_fackler_jr]

Don't know where to put this, if it is in wrong place please delete or move

 

article http://dailynews.att.net/cgi-bin/news?

e=pri&dt=060812&cat=strange&st=stranged8jep0eo0&src=ap

 

The meat and potatos of the story is that an amature photographer took a photo

of a women and her two dogs and Ghetty sold the images for a pet crematoriam

and now the women is suing. It seems as though that you shouldn't sell images

to Ghetty if you don't have a release.

 

I should be interesting to see how this plays out.

[ellis_vener_photography]

Getty pretty much requires that the photorapher provide model and location releases before

taking a submission. Also its contrat puts photographers on the legal hook for cases like this.

So two questons that will need to be settled are: Did the photographer mislead Getty about

having releases? Did Getty misrepresent the photos to their client as being model and

property released?

[jimstrutz]

Let's see if we can fix that link.

 

http://dailynews.att.net/cgi-bin/news?e=pri&dt=060812&cat=strange&st=stranged8jep0eo0&src=ap

 

I think the interesting line is the one about not giving permission to use the image for such a morbid purpose. She didn't say that she did not sign a release. Can't imagine a lawyer taking the case if she did though. Still, that's always something a person has to consider when signing releases. They may be used to promote things that you would not promote.

[kelly_flanigan1]

A release is not a get out of jail free card. A sleazy Photog might tell a model that the photos are for beauty chreams adverts and then use them for safeties, anal itch products, porn adverts. What if the model is smart an records the sleazy photogs claims of what he is going to do and not do with the images by tape recorder?

[bobatkins]

A well worded release covers everything from distortions of the image to uses where the model may be held up to ridicule. Presumably in this case the release wasn't well worded. I can't imagine Getty buying and using an image without a release being on file. Whether they check the wording or just believe the photographer, I don't know. I've never sold anything to Getty and most of the models I sell images of are small and furry, live in holes in the ground and can neither read nor write, so I think I'm pretty safe.

 

Here's a better link:

 

http://www.nypost.com/news/regionalnews/those_ruff_ians__regionalnews_dareh_gregorian.htm

 

She's only asking for $3 million. Why doesn't someone use an image of ME without my permission. Go on, I dare you...

[donald_l_fackler_jr]

Thanks Moderator for moving the thread to proper place.

 

Thanks Jim for fixing that link, I was between classes and didn't have time to fix it, That and I couldn't find my page with all my html codes. I hope the news will keep updating the lawsuit. It will be interesting to see the end result.

 

Bob, if the picture in your profile is what you look like then I think you would be lucky to win a $2.00 suit. Thanks for the new link too. It seems to me the real loser in this case will be the photographer provided she didn't get a release. In my wildest dreams I can't imagine someone submitting a photo with out a release. You never know.

[qtluong]

In general, you don't sell images to Getty. Getty represents you. They are more likely to accept images that have releases, but it is not an absolute rule.

This is because the photographer and agency are not responsible for releases. The end user is (which is why they were the one sued). The only way photographer and agency can be held responsible is for misrepresentation if they claimed they had a release when they didn't.

<a href = "http://www.terragalleria.com/">Terra Galleria stock photography</a>

[qtluong]

I'd add that in the US, you can sue anyone for anything, regardless of the paperwork you have signed.

[._._z]

The plaintiff's lawyer does local real estate-related cases. This does not seem to be his specialty. Then again, neither is drumming up publicity, but he's doing pretty well at it.