UKM - Plea for help please - UK

13-01-2011, 18:09

From both me and The Boss

Many moons ago The Boss did some photo shoots and films for a pay site (including one session with me - bound to put people off!!!!). She is clear that she never signed a model release

Time has passed and the site, which is still going has used these images on and off on the front page - as adverts - and on the inside in more detail. Recently, the site has started advertising possible sessions with her if folks join. This is not something she has any knowledge of - and certainly isn't prepared to entertain

She'd like to know where she stands - both with the longer term pictures and the advertising of sessions with her. She does get that she's not done anything much about the pictures and film over the years- model release or not

Contacting the owners of the site is not really an option

So what advice can UKM people give her - and where she should go next

Thanks ever so

bgx · 13-01-2011, 19:33

Oh dear, basically the photographer owns the pictures (negatives / slides whatever) whether a model release is held or not.

First port of call is the photographer see if he still has them or has sold them on.

Seconldy, the boss has a claim against the site "Recently, the site has started advertising possible sessions with her if folks join. This is not something she has any knowledge of - and certainly isn't prepared to entertain"

What gives them the right to offer sessions with her if people join? I don't think for 1 minute that the boss would have agreed to that and therefore she will have a claim for recompense against the site, so consider a legal approach. If they are offing the boss as a sexual enticement to get people to join then they are breaking the law.

Maybe a strongly worded letter will suffice.

You could also approach the site's ISP pointing out what the site is doing. I think that they may have a secondary liability. They cannot supply a service to someone who is breaking the law (as you will point out to them). An injunction against them may be the way to go.

Sorry for referring to her as the boss / she / her I don't know her name.

Hope this helps

numquata · 13-01-2011, 21:22

I'm sure there will be lots of people who will have valid and focused advice here. However, my interpretation is that your basic issue is this:

Quote:

Originally Posted by Lisal

Contacting the owners of the site is not really an option

I would have thought that whatever you do, contacting the people is a prerequisite.

I appreciate that doesn't help you mate.

13-01-2011, 21:47

Quote:

Originally Posted by numquata

I would have thought that whatever you do, contacting the people is a prerequisite.

I appreciate that doesn't help you mate.

I understand and it's good advice.

It's just in this case there is history and it's the one thing she doesn't want to do - and they likely wouldn't comply anyway.

It's really about whether she can do something via the webhost or some other organisation without having to deal with the site owner

folly · 13-01-2011, 22:05

You could try a careful check of the webhost's Ts & Cs: you can report any breach, and see if they enforce a rectification. If the website is breaching Ts &Cs for reasons unrelated to your case - obscene content, etc. - the host may take the site down. That wouldn't solve your problem, because it'd crop up somewhere else, but it might buy you more thinking time.

Lady Anna · 14-01-2011, 09:45

Find out who is hosting the site (via Whois) and appeal to them about the pics being used without a model release form, and the claims about sessioning with her which is fraud on the site owner's part. Most hosting companies are usually good with this sort of thing.

15-01-2011, 18:44

Just wanted to say thanks for all the replies

Lady Anna - I've taken your suggestion re whois - thank you -and found the webhost. It's in the US which doesn't surprise but, hopefully, that won't make any difference to their response

Lady Anna · 15-01-2011, 20:41

Quote:

Originally Posted by Lisal

Just wanted to say thanks for all the replies

Lady Anna - I've taken your suggestion re whois - thank you -and found the webhost. It's in the US which doesn't surprise but, hopefully, that won't make any difference to their response

It shouldn't do. Have a read of this site. If your Boss was the copyright holder she would be able to issue a DMCA notice, as she isn't this link may give her some idea of what she can do instead. See number 7.

13-01-2011, 18:09	#1
Lisal Guest Posts: n/a	Plea for help please From both me and The Boss Many moons ago The Boss did some photo shoots and films for a pay site (including one session with me - bound to put people off!!!!). She is clear that she never signed a model release Time has passed and the site, which is still going has used these images on and off on the front page - as adverts - and on the inside in more detail. Recently, the site has started advertising possible sessions with her if folks join. This is not something she has any knowledge of - and certainly isn't prepared to entertain She'd like to know where she stands - both with the longer term pictures and the advertising of sessions with her. She does get that she's not done anything much about the pictures and film over the years- model release or not Contacting the owners of the site is not really an option So what advice can UKM people give her - and where she should go next Thanks ever so

13-01-2011, 19:33	#2
bgx Member Join Date: Jan 2009 Location: Geordieland Posts: 3,578 Reputation: 66	Oh dear, basically the photographer owns the pictures (negatives / slides whatever) whether a model release is held or not. First port of call is the photographer see if he still has them or has sold them on. Seconldy, the boss has a claim against the site "Recently, the site has started advertising possible sessions with her if folks join. This is not something she has any knowledge of - and certainly isn't prepared to entertain" What gives them the right to offer sessions with her if people join? I don't think for 1 minute that the boss would have agreed to that and therefore she will have a claim for recompense against the site, so consider a legal approach. If they are offing the boss as a sexual enticement to get people to join then they are breaking the law. Maybe a strongly worded letter will suffice. You could also approach the site's ISP pointing out what the site is doing. I think that they may have a secondary liability. They cannot supply a service to someone who is breaking the law (as you will point out to them). An injunction against them may be the way to go. Sorry for referring to her as the boss / she / her I don't know her name. Hope this helps __________________ O wad some Power the giftie gie us, to see oursels as ithers see us! MS BGX: Mistress Snakebite's operating system for BGX PROUD TO BE A MEMBER OF THE GEORDIE NATION NO POT POURRI !

13-01-2011, 22:05	#5
folly Member Join Date: Jan 2009 Posts: 967 Reputation: 32	You could try a careful check of the webhost's Ts & Cs: you can report any breach, and see if they enforce a rectification. If the website is breaching Ts &Cs for reasons unrelated to your case - obscene content, etc. - the host may take the site down. That wouldn't solve your problem, because it'd crop up somewhere else, but it might buy you more thinking time. __________________ For I am, as you see, that true and only giver of wealth whom the Greeks call moria, the Latins stultitia, and our plain English folly.

14-01-2011, 09:45	#6
Lady Anna Member Join Date: Sep 2009 Posts: 1,827 Reputation: 105	Find out who is hosting the site (via Whois) and appeal to them about the pics being used without a model release form, and the claims about sessioning with her which is fraud on the site owner's part. Most hosting companies are usually good with this sort of thing. __________________ "Never waste your time trying to explain who you are to people who are committed to misunderstanding you.” - Unknown The Anna List Medical Fetish Clinic - Extreme Breath Play, Realistic Medical Play Medical Mistress & Breathplay Specialist

15-01-2011, 18:44	#7
Lisal Guest Posts: n/a	Just wanted to say thanks for all the replies Lady Anna - I've taken your suggestion re whois - thank you -and found the webhost. It's in the US which doesn't surprise but, hopefully, that won't make any difference to their response