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Sued for unauthorized use of photo

  
 
crteach
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p.1 #1 · p.1 #1 · Sued for unauthorized use of photo


Someone learned a lesson: https://www.foxnews.com/entertainment/supermodel-paulina-porizkova-terrified-posting-instagram-after-making-expensive-mistake


Aug 10, 2023 at 08:15 PM
coralnut
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p.1 #2 · p.1 #2 · Sued for unauthorized use of photo


It's hard to believe her claim that she didn't know "the rules". After all, she spent her entire working career as a supermodel where photographers earned their livings by selling images of her likeness. Everyone who participated in the business did so to get paid.

I don't believe that the problem is that she didn't understand the rules. I believe that the problem is that she doesn't think that the rules apply to her.



Mar 22, 2024 at 06:59 PM
gregfountain
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p.1 #3 · p.1 #3 · Sued for unauthorized use of photo


coralnut wrote:
It's hard to believe her claim that she didn't know "the rules". After all, she spent her entire working career as a supermodel where photographers earned their livings by selling images of her likeness. Everyone who participated in the business did so to get paid.

I don't believe that the problem is that she didn't understand the rules. I believe that the problem is that she doesn't think that the rules apply to her.


You may be right, but I also believe that very often, the "talent" doesn't understand the "business." In that regard, and the fact she was reposting something she found on IG (often times it's simply clicking the "share button"), I can understand her ignorance. Notwithstanding, she learned the hard way. I'm glad she acknowledged it.



Apr 29, 2024 at 06:27 PM
tcphoto
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p.1 #4 · p.1 #4 · Sued for unauthorized use of photo


Her plea of ignorance is laughable, her career is based upon the client and how the images are to be used. Don't you think that her booker/agent would tell her the rate and general description of the use? Hell, I modeled for a dozen years at the catalog level and had a good idea of the concept before pursuing my photo career. As a Photo Assistant, my rate was determined by whether the project was Editorial, Marketing or Advertising.

Right now, I'm in the discovery part of an Intellectual Property lawsuit and the former client cannot plead ignorance for copying images from a set of digital proofs when they signed the one page document which stated, "the proof sheets are for image review only, no license is granted".



Apr 30, 2024 at 09:33 AM
 


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RustyBug
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p.1 #5 · p.1 #5 · Sued for unauthorized use of photo


I think there's a deeper piece to this that isn't contained in the article ... where does the line get drawn for "fair use". If the usage was deemed educational, then it may have been something for fair use consideration.

Of course, I'm not advocating for outright misuse, under the guise of "fair use". BUT, I think that if we re-read her language of choice, it may be her way of saying she thought what she was doing constituted fair use, and she didn't educate herself on it well enough to know what is vs. what isn't fair use.

I'd be curious to see the actual suit ... but, since they settled out of court, then there was no judgement rendered regarding fair use vs. other aspects.

Too little information in the article to know the details, for sure. But, Greg points out the simplicity of how it can happen. My gut says that she found it financially advantageous to pay off the photographer, than the $$$ it would cost her in lawyer fees of her counsel to defend her ... EVEN IF ... she had, and her counsel could defend, in the spirit of fair use.

But, here again ... too little info in the social media post, to deduce anything from it ... either way. I mean, she does indicate she thought she was in line with the photographer's work. One of my questions is what were the damages to the photographer, and how did he present that vs. DMCA vs. copyright damages vs. punitive, as filed.

I understand the variant components ... but, how was the filing constructed to indicated she had commercial gain, and the photographer had harm / damages. Neither defending, nor refuting, (can't do either without more info) just curious to the actual details of the suit ...




May 02, 2024 at 09:41 PM
Peterk78
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p.1 #6 · p.1 #6 · Sued for unauthorized use of photo


I'm certainly no expert, but if she was postsing on her ig account, AND she's an "influencer" that makes money from her ig account, then all her posts are "commercial" use. Therefore the other's photographer's image was used for commercial purposes; hence the suit.

just my 2cents



Jun 08, 2024 at 04:49 PM
Danplane
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p.1 #7 · p.1 #7 · Sued for unauthorized use of photo


The problem with the media, social or otherwise, is that often the information (using the term loosely) presented is biased, inaccurate, lacking in balance, or all of the above. The only way to know exactly what happened would be to review the pleadings and evidence adduced and vetted by both sides. That said, ignorance of the law is not a defense in any court that I have ever been in. A person who is a professional in the industry could conceivably not know the rules but, they are going to have to convince the trier of fact that in the instant case that three factors were present: 1. that the defendant did not, in fact, know that they were violating the law; and 2. that in the instant case it was reasonable for them not to have known of the violation; 3. that the defendant had no intention of violating the law. If all three of these elements can be established, it is possible (not definite) that they might prevail. In my experience, that's usually a pretty tall mountain to climb.

Here, I do not have nearly enough accurate information to do more than guess. Therefore, despite more than 3 decades of practice, (including a fair amount of IP, I cannot form an opinion as to how this matter should have been decided. I do know two things: 1. this matter is a good reminder to all of us how easy it can be to slide onto the wrong side of things, and 2. my 3 + decades of practice have supported my 5+ decades of a very expensive pro and otherwise habit. But, I already knew the second part.

...Oh yes, one other thing I (now) know - when you manage to corrupt one of your kids to get into photography in a serious way and he or she takes a shine to your big bodies and white lenses, make sure you teach them NOT TO comment to mom about how much that stuff costs!

Dan



Jun 09, 2024 at 05:36 PM







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