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View Full Version : Photo in Game Magazine! cant' I sue..?


L to the 3rd
09-05-2002, 05:01 PM
A very nice italian cosplayer brought this to my attention,
My photo (me as squall) was used in a popular Italian game magazine, called "the Games Machine.."

I dont' mind the extra attention but... I did specifically
write ''do not use my images without permission" on
my web page..

so like..what should i do?

attached:
..the actual scan of the cosplay coverage page

L to the 3rd
09-05-2002, 05:10 PM
here's the game mag cover

Oshi
09-05-2002, 05:12 PM
*points* Elfeaters on there too! Sounds like a class-action suit! Kinda...

L to the 3rd
09-05-2002, 05:13 PM
i thought she looked familar! ^^;

ElfEater
09-05-2002, 07:36 PM
Yep Yep, Sonia sent me a copy of that this morning, ^_^ I noticed you were in it too, I was gonna email you a copy but I guess you already saw it.
Eh, they took that pic off my site too. You can see the top of my logo that I put on every pic, they just cut it off. ^^ haha. Ah well.
As for what to do, since its international, Im not sure what can be done. I dont think they listed our names though.. so.. we are random I guess! ^^

L to the 3rd
09-05-2002, 09:05 PM
what the heck tho'! they can atleast email us..
my email addy is like hard to miss on the front page. -_-

uhh what does your caption translate too?
mine says..

"The Demonstration that the personages of final fantasy are androgynous: in this photo, squall and impersonato from one girl ''

uhh ok I guess it's a compliment to say I look
androgynous in the pic.. ^_^;;;;;;

KuroBara
09-05-2002, 09:19 PM
How odd. I think Elfeater's right, because it's international you can't do much. Maybe just e-mail them and ask them not to do it again?

Rosiel
09-06-2002, 10:11 AM
I don't really see the problem, one of my Rosiel costumes ended up printed rather proheminently in a German anime magazine, and I just felt flattered. The thought of sueing did not even cross my mind. O_O;;;;;; I guess that's where Europeans and Americans differ. Just take the compliment, order a copy of the magazine as a keepsake and let it be.

engrish
09-06-2002, 11:58 AM
It costs money to sue unless you've got a slam dunk case. If this happened to me I'd send an email (too bad I don't know Italian) and ask for an apoplogy. The magazine may or may not have violated Italian copyright laws(any experts here?) but what they did was wrong(morally speaking).

HaloNoir
09-06-2002, 01:11 PM
The creator of a work has Copyright to it as soon as its created without having to file with the US copyright office. The US does have Copyright agreements with over 100 countries including Italy. Really though, its not worth trying to sue them. I would ask them if they could run an addendum in their next magazine with your name and website. I believe in giving credit where credit is due.

MugenH
09-06-2002, 01:41 PM
I don't understand what can be gained by getting upset over this. It takes a lot of energy to maintain a negative stance, and a lot less energy to see the positives. It's not as if they altered your image in any way and then claimed it was someone else. The picture is obviously you, ne?

So, anyone in Italy who goes searching for Squall cosplayers on the web is going to come across your site, and since the picture hasn't been photoshopped, maybe you'll end up with a few *new* fans ...

Of course, if you sue, I'm sure you'll lose a few fans. And money. No one likes a sue-er. And the likely financial outcome of such a case would be such small compensation.

But I don't really believe you were interested in sueing. ^_-

Toodle-Pip
MugenH.

ElfEater
09-06-2002, 01:49 PM
Oh trust me, Im not upset AT ALL! I think its really cool! But, Im a dork like that. ^^
I think Chrissy is just upset that they used her image...

Scoti
09-06-2002, 08:22 PM
I would love that to happen to me! but I'm content so far. I was interviewed by some people from The Buzz at CN anime along with a few other cosplayers about my costume. the difference was that I signed a form to let them use it for TV but even if they didn't say anything I wouldn't think about sueing O_o;;

engrish
09-09-2002, 12:00 PM
I really doubt the magazine is going to do a reprint giving the cosplayers credit for their work b/c if they did that then they'd have to do that for everybody. Something tells me that would be a rather big logistics problem. However, I think in the future the magazine SHOULD give credit to where the credit is due. Hey they always list the author's name for every story that is done so why not give credit to cosplayers too? I'm not saying that they should label EVERY picture but a cosplay pic is different from a regular pic. A cosplayer's costume is his/her work of art much like how a painting is a painter's work and yes just about every painting has the artist's signature on it. Anyways I'll stop rambling.

L to the 3rd, I think the least you deserve is a free copy of that magazine. It'll make a nice keepsake. :)

HaloNoir
09-09-2002, 05:37 PM
Most magazines I've seen have captions for their pictures if it doesn't mention their names in the text itself. I'd just be pissed that they chopped the watermark off the photo to start with. Like I said, not worth suing over but it WAS illegal.

HuongStar
09-09-2002, 10:45 PM
I dont' mind the extra attention but... I did specifically
write ''do not use my images without permission" on
my web page..
Isn't the answer obvious? If you don't have a problem with the "extra attention," leave the situation as it is. :) Otherwise, contact the editor-in-chief and publisher directly and ask them to either credit your image or run a correction/apology in the next issue. It's a pretty flimsy basis for a lawsuit if you ask me and it wouldn't be worth the trouble.

L to the 3rd
09-10-2002, 02:00 AM
hey hey! i said it would be nice if they could atleast email us..
I mean that is the right thing to do, since they are
a professional company. It's very unprofessional to
use people's things without asking... tsk.


after all it is our photos..and it's our costumes
that we made..(both artistic properties)

and now.. everyone is coming at me with knives?..:confused:

Yea the first reaction that I had was like
"WTF.. people using my pictures w/ out my permisson?!"
Sorry but I am used to people asking. My pictures
were used in the Japanese Hyper Hobby magazine
and they of course did the full credits thing
and asked!

HuongStar
09-10-2002, 10:02 AM
Wooo, someone got defensive fast. I don't know about everyone else but I was simply giving you my honest opinion.

It was a frivolous lawsuit at best and I figured you could save yourself the trouble. If all you want them to do is credit you, just ask them.

engrish
09-10-2002, 12:39 PM
quote:
"and now.. everyone is coming at me with knives?..:confused: "

*puts an apple on top of L to the 3rd's head*

now hold real still while I aim

*pulls out throwing knives* LOL

sorry I just couldn't resist:p

Ranma Saotome
09-10-2002, 12:41 PM
Originally posted by L to the 3rd
A very nice italian cosplayer brought this to my attention,
My photo (me as squall) was used in a popular Italian game magazine, called "the Games Machine.."

I dont' mind the extra attention but... I did specifically
write ''do not use my images without permission" on
my web page..

so like..what should i do?

attached:
..the actual scan of the cosplay coverage page

Why the hell would you want to sue? You mental? That's free publicity! You're an international star now!

BTW, if you think you really wanna sue look at this site first- http://www.templetons.com/brad/copymyths.html

Ranma Saotome
09-10-2002, 12:42 PM
Originally posted by L to the 3rd
hey hey! i said it would be nice if they could atleast email us..
I mean that is the right thing to do, since they are
a professional company. It's very unprofessional to
use people's things without asking... tsk.


after all it is our photos..and it's our costumes
that we made..(both artistic properties)

and now.. everyone is coming at me with knives?..:confused:

Yea the first reaction that I had was like
"WTF.. people using my pictures w/ out my permisson?!"
Sorry but I am used to people asking. My pictures
were used in the Japanese Hyper Hobby magazine
and they of course did the full credits thing
and asked!


Oh geez... This reminds me of something I came across before...

Lady
09-10-2002, 12:42 PM
You specifically stated on your site to not use your images without permission. By them 1. not asking permission to use, and 2. not giving you credit (going as far as to remove your watermark) they are stealing your work. I'm rather surprised that a legitimate, seemingly well published magazine would do something like that. Perhaps they had a contributing columnist who sent them the article and figured they wouldn't need to cite any sources because the people would never see the pictures?

Overall, I would say that you deserve an apology from the magazine as well as them running a little notice in a future issue giving credit to the people they took images from.

-Lady

Ranma Saotome
09-10-2002, 12:51 PM
Now this goes into international waters... I smell a war over a stupid photo.

Rosiel
09-10-2002, 01:04 PM
> a little notice in a future issue giving credit to the people they took images from.

When do anime magazines actually give credit to all the cosplay pics they take at cons and put up? When do they give free issues to people who get a picture in a corner of a con report? It's being very naive to expect the magazine to make amends in future issues.

I'm not saying it's the way to do it, but it's generally the way it is. I've always seen collages of cosplayer pics in magazines with no attributions. ^___^

What's left to do is enjoy having your face plastered on glossy pages all over Italy/Europe/whatever and buy two copies, one to frame, one to put in a little bag and never touch again. (kidding)

I generally operate with the notion that anything I put on the web can end up anywhere, and as long as the result is not slanderous, I don't mind. =)

L to the 3rd
09-10-2002, 01:34 PM
well the thing is.. magazines such as Animerica
exhibits photos of cosplayers.. but those photos
ARE taken by Animerica staff!

They don't go around
stealing images off of people's sites. It seems
very unprofessional to me and to even cut off watermarks/logos
just shows that. :I

Ranma Saotome
09-10-2002, 02:56 PM
Originally posted by L to the 3rd
well the thing is.. magazines such as Animerica
exhibits photos of cosplayers.. but those photos
ARE taken by Animerica staff!

No.

The cosplay photos you see are from Kevin Lillard. His site is mentioned everytime.

engrish
09-10-2002, 03:47 PM
I think most people here have come to the conclusion that what the game magazine did was WRONG(no if's and's or but's). However, since the crimes against humanity was very slight(no one lost their life or limbs) I guess we can all shrug our shoulders.

Ranma Saotome
09-10-2002, 03:54 PM
Indeed engrish, but there are those individuals that won't quit that easily... Besides this is an International magazine. Do you think there's really a fiughting chance? It's slim to none.