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Unread 11-13-2013, 06:26 PM   #586
Av4rice
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In the US and other Berne Convention signatories, the photographer owns the full copyright unless they are bound by a contract or particular employment arrangement that says otherwise. So yes, technically they have exclusive rights and can restrict use by others; though this rarely happens in cosplay photography, especially with respect to the actual cosplayer featured.

Have you had any communication with the photographer? Did they give any prior permission to put the photos online? Any reason given for flagging these photos? It may be that they just wanted to be credited in a certain way, or only wanted certain photos to go online, so maybe you could come to an agreement that would satisfy them. If so, that would essentially be a limited license from the photographer to you, granting the right to put the photos online subject to whatever conditions.
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Unread 11-13-2013, 06:58 PM   #587
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Quote:
Originally Posted by Av4rice View Post
In the US and other Berne Convention signatories, the photographer owns the full copyright unless they are bound by a contract or particular employment arrangement that says otherwise. So yes, technically they have exclusive rights and can restrict use by others; though this rarely happens in cosplay photography, especially with respect to the actual cosplayer featured.

Have you had any communication with the photographer? Did they give any prior permission to put the photos online? Any reason given for flagging these photos? It may be that they just wanted to be credited in a certain way, or only wanted certain photos to go online, so maybe you could come to an agreement that would satisfy them. If so, that would essentially be a limited license from the photographer to you, granting the right to put the photos online subject to whatever conditions.
He actually gave me full rights to the photography company (idk if I call it company its not registered or anything, nor is he a professional photographer) name. He did give prior permission and I had credited him in every photo. However because I had told someone that I own the company, he actually went in and stole the website that he gave me and flagged all my photos as a malicious attack against me. He had gone around stating he was no longer calling himself by the name in particular.
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Unread 11-13-2013, 08:11 PM   #588
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Originally Posted by MissLumetta View Post
As a cosplayer, I recently had a photographer go on my personal cosplay site and flag every single photo he took as a copyright violation. Can they do that?
Legally: If you don't have a license to use and display those photos, yes. The photographer solely owns the copyright and can dictate how the photos are to be used.

In the cosplay community, it's generally accepted that the model/cosplayer will be able to use photos of themselves for personal use or self-promotion. However, without a written contract or license, there's no real legal grounds for you to be able to do so.

It's a pretty jerky thing to do. Why would the photographer have done that? Did you have any argument or disagreement?

To add further insult: Legally, the photographer may use those images of you in a variety of ways - including selling prints - without your knowledge or consent. As long as your likeness is being used as art or journalism, and not commercially, the photographer doesn't need your release.

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He actually gave me full rights to the photography company (idk if I call it company its not registered or anything, nor is he a professional photographer) name.
This doesn't make much sense.

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He did give prior permission and I had credited him in every photo. However because I had told someone that I own the company, he actually went in and stole the website that he gave me and flagged all my photos as a malicious attack against me. He had gone around stating he was no longer calling himself by the name in particular.
Ah. So there's more to the story.

Dan Heller has a pretty good amount of information on business and licensing, broken down into posts that are easy to understand by non-lawyers:
http://www.danheller.com/bizfaq.html
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Last edited by nathancarter : 11-13-2013 at 08:25 PM.
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Unread 11-15-2013, 12:19 AM   #589
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I am a hobbiest photograph and have a problem with a former associate of mine who I took photos of for 6 months. She ended the relationship and the previous stipulation was she could use them on her page as a friend... the friendship ended months back and she did not remove the photo when friends asked her to. The photos have my full name on them and a watermark on them thus giving people who see her page the idea I'm associated with her... a lot of people don't like her and I kept that from her but i had to take the blunt of stuff cause they were my photos. I can't get them taken down and the cosplayer thinks THEY own the photos along with reproduction rights. (she talked about selling my prints before... and was going to start doing that soon) what should I do?
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Unread 11-15-2013, 08:41 PM   #590
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@figment1986 I would look at nathancarter's reply to another person above you. The answers to your questions are there.

In summery, the copyright belongs to the photographer unless the rights are transferred to another entity. You can file a take-down notice with the hosting website or you could go as far as hire a lawyer.
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Unread 11-15-2013, 10:14 PM   #591
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@figment1986 I would look at nathancarter's reply to another person above you. The answers to your questions are there.

In summery, the copyright belongs to the photographer unless the rights are transferred to another entity. You can file a take-down notice with the hosting website or you could go as far as hire a lawyer.
alright, i was afraid id need to get a lawyer... My mom and a friend sent a kind request to the person and she took it as harassment so i guess lawyer it is. thank you.

Something else I should mention, After we had our falling out I did delete the originals that were hosted online... I can't actually get to the originals as they are on a broken laptop which could cost money I don't have to extract the hard-drive. All the person has is watermarked low-quality images that has my name on them, and I just don't want to be affiliated with the individual after their recent behavior.

Last edited by figment1986 : 11-15-2013 at 11:29 PM. Reason: added info:
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Unread 11-15-2013, 10:24 PM   #592
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Surfsama, what if the photographer lead you to believe you had full ownership rights? I was sent an email stating I owned all the rights to such therefore I went about trying to get things properly set up to merge both my cosplay things along with the photography stuff. Granted this should be settled in a civil court and not on this website. If I was lead to understand otherwise, I would of found an alternative to being able to keep my photos. However, all I want is this photographer to stop harassing me and if I could get the photos I'd be happy. These were some really nice photos and I was very happy with them. Some of the costumes I no longer have, or have access to the locations the photos were taken at. Heck, I don't care if a contract is written that I have all rights but can't sell them, just have the ability to post them. I'm at the point where this photographer and his friends won't stop harassing me though emails and I don't know how to block email. I've done nothing to this person or his friends, I feel bullied and stalked. I'm at the point where in order to be left alone and feel safe is to quit cosplaying. I can't stand it anymore, I would just really like the photos and a peace act enabled where they leave me alone and I leave them alone and I get all my photos. Is that so hard to ask? Have you ever had a problem like that with another cosplayer?
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Unread 11-16-2013, 03:14 AM   #593
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@figment1986
Before going full-guns with a lawyer you might try the take-down notice route to her hosting website (though, you might have a tougher time without the originals). At the end of the day you'll have to decide if the expense and aggravation is worth fighting someone over low-res copies of watermarked pictures. It sucks because your name is on them but unless they're super popular or featured in print for all the world to see they'll probably just stay in the niche field that is cosplay photography. Also, a watermarked picture doesn't necessarily confer association. There are thousands of my watermarked photos out on the web and some of those folks could be axe murderers for all I know.

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Surfsama, what if the photographer lead you to believe you had full ownership rights? I was sent an email stating I owned all the rights to such therefore I went about trying to get things properly set up to merge both my cosplay things along with the photography stuff. Granted this should be settled in a civil court and not on this website. If I was lead to understand otherwise, I would of found an alternative to being able to keep my photos.
I'm not a lawyer so I cannot say if an email can stand as a binding instrument but typically when a photographer assigns rights it's through a contract. The contract can be written by either party or together and stipulates what exactly the party's are entitled to receive.

Quote:
However, all I want is this photographer to stop harassing me and if I could get the photos I'd be happy. These were some really nice photos and I was very happy with them. Some of the costumes I no longer have, or have access to the locations the photos were taken at. Heck, I don't care if a contract is written that I have all rights but can't sell them, just have the ability to post them.
Quote:
I'm at the point where this photographer and his friends won't stop harassing me though emails and I don't know how to block email. I've done nothing to this person or his friends, I feel bullied and stalked. I'm at the point where in order to be left alone and feel safe is to quit cosplaying. I can't stand it anymore, I would just really like the photos and a peace act enabled where they leave me alone and I leave them alone and I get all my photos. Is that so hard to ask?
I'm afraid I don't follow what is happening here. If you are being harassed/bullied/intimidate over some cosplay photos (or for any reason) contact law enforcement [http://www.stopbullying.gov/cyberbul...ow-to-report/]. If the person is just a douche and doesn't want to give you the photos, there's probably not much you can do about it other than spread the word about your experience with this person. Just keep it factual so you don't get into slander territory.

Quote:
Have you ever had a problem like that with another cosplayer?
I've photographed hundreds of cosplayers since 2006 and have never had a single issue. Speaking for myself, there isn't a photo that's worth more to me than a cosplayer's feelings.
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Unread 11-16-2013, 08:02 AM   #594
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@figment1986
Before going full-guns with a lawyer you might try the take-down notice route to her hosting website (though, you might have a tougher time without the originals). At the end of the day you'll have to decide if the expense and aggravation is worth fighting someone over low-res copies of watermarked pictures. It sucks because your name is on them but unless they're super popular or featured in print for all the world to see they'll probably just stay in the niche field that is cosplay photography. Also, a watermarked picture doesn't necessarily confer association. There are thousands of my watermarked photos out on the web and some of those folks could be axe murderers for all I know..
When the individual has liabled my name so many times while still using my photos with my name is where I have the problem, had she been civil and kept her problems with me offline or in private there wouldn't be an issue but she dragged my full name with my soon to be older photo sites name into many posts on different Facebook groups and whatnot, I tried the official Facebook channels already and the person counterclaimed it was a mistake. The last thing I can do is get an attorney and take them to court when family and friends were civil and sent two emails requesting them be removed. Their response has not been civil and has been quite harassing going so far as posting new liable stuff so i guess I will need to take the other advice and contact who we need to. thank you.

Last edited by figment1986 : 11-16-2013 at 09:00 AM.
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Unread 11-16-2013, 12:10 PM   #595
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Oh brother. It's getting to be like a bad 90's sitcom up in here.

There are really only two ways to get this resolved:
1) The two of you act like adults for a few minutes, and figure out a way to communicate without "harassment."
2) Hire lawyers, and let them duke it out in your stead.

From where I'm sitting, option 1 is the more desirable of the two, but it seems like that might not be possible here.

@photographer:
If you indicated that the cosplayer has a license to use the photos, either at the time of the shoot or upon delivery of the photos, then you may not legally be able to revoke that license. Even if it's legal for you to do so, it's what the court of common sense would call a "dick move." If subjected to the scrutiny of an intellectual property judge, it would probably depend on how poorly your original agreement was worded.

@cosplayer:
It's unlikely that the email you received actually indicated that you had "full ownership rights" or that you "owned all the rights." No professional photographer will transfer copyright ownership without a written and signed hard-copy document. Furthermore, using photos in a manner that's inconsistent with your license/ownership, and without the photographer's permission, is another thing that would be considered a "dick move." Possibly also illegal.

You're both throwing around terms that you don't understand, terms that have very specific legal meanings.
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Last edited by nathancarter : 11-16-2013 at 12:29 PM.
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Unread 11-16-2013, 02:04 PM   #596
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If you indicated that the cosplayer has a license to use the photos, either at the time of the shoot or upon delivery of the photos, then you may not legally be able to revoke that license. Even if it's legal for you to do so, it's what the court of common sense would call a "dick move." If subjected to the scrutiny of an intellectual property judge, it would probably depend on how poorly your original agreement was worded.
I never gave her rights to reproduce the images on her public page actually, she assumed I did, We were friends and I didn't want to upset her so i didn't bring it up as it made her happy and yet the friendship ended super sour and her side is bad enough i don't want my name associated with it, just like no contract was done to give her the blog / website, she assumed there was and assumed she owned everything, including youtube, and part of another website that uses the name as well.
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Unread 11-16-2013, 02:11 PM   #597
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@nathancarter
To be clear, who are you referring to in your post: "@photographer" and "you two"?

If it's not me, my apologies. However, if you are referring to something I wrote, please explain.

Last edited by Surfsama : 11-17-2013 at 12:11 AM.
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Unread 11-18-2013, 10:48 AM   #598
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So maybe there was an informal usage license sent by email, or maybe there was an attempt to transfer copyright ownership, or maybe there was nothing at all. Nobody seems to know.





Quote:
Originally Posted by Surfsama View Post
@nathancarter
To be clear, who are you referring to in your post: "@photographer" and "you two"?

If it's not me, my apologies. However, if you are referring to something I wrote, please explain.
Not you.

Edit: Redacted some unhelpful stuff. I'm out.
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Unread 12-04-2013, 01:20 AM   #599
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What should one do if they cannot afford a lawyer to take the person to court and the person has apparently committed perjury since the forms they used to claim they had rights to claim they ARE committing it. The one cosplay has done it with Facebook and is now doing it with tumblr (I was alerted to my photos used without appropriate tags to me, and it was her) I own the photographs and yet SHE is telling in a legal document she does. I just want her to stop using my photos after what SHE said about me personally on many social sites, I politely asked her to remove the photos and she ignored it, then claimed harassment.
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Unread 12-08-2013, 08:25 PM   #600
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What should one do if they cannot afford a lawyer to take the person to court and the person has apparently committed perjury since the forms they used to claim they had rights to claim they ARE committing it. The one cosplay has done it with Facebook and is now doing it with tumblr (I was alerted to my photos used without appropriate tags to me, and it was her) I own the photographs and yet SHE is telling in a legal document she does. I just want her to stop using my photos after what SHE said about me personally on many social sites, I politely asked her to remove the photos and she ignored it, then claimed harassment.
First, that's not perjury. Perjury is when you're on stand and lie and it's proven that you had knowledge that what you said was a lie. It's not perjury because she's not testifying and she doesn't have to take the stand because she can plea the 5th. In civil court your both making a claim to the rights and then the victor is the one who the jurty/judge/arbiter decides legally owns the images. So it's not perjury in any way shape or form and the whole point of the civil court is to prove that the other person is wrong.

Second, how about you just contact the sites she's posting on, like here, facebook, DA, whatever and tell them that you own the copyright to said image and that you want it removed. They'll probably require proof and if you can prove you own the rights then they should be able to take them down. If they don't then you can threaten them with legal action and if they still don't comply, you can probably cheaply get a lawyer to contact them. I don't see a real reason for this to go all the way to court so I'm sure some lawyers offer a cheap cease and desist service.
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