Search



Go Back   MustangForums.com > Other > Off Topic
Sign in using an external account
Register Forgot Password?
Search

Off Topic A place for you car junkies to boldly post off topic.
Sponsored by American Muscle


Welcome to Mustang Forums!
Welcome to Mustang Forums.

You are currently viewing our forum as a guest, which gives you limited access to view most discussions and access our other features. By joining our community, at no cost, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is free, fast and simple, so please join our community today!


Reply
 
 
 
 
Thread Tools Search this Thread
Old 03-14-2005, 07:21 AM   #1
Mustangood
2nd Gear Member
 
Mustangood's Avatar
 
Join Date: Jun 2003
Location: California
Posts: 416
Send a message via AIM to Mustangood
Default A friend in a bind. help?...

Ok so my friend recently got into modeling. She met this photographer who did a photoshoot with her. The way it works is she pays him to do the photoshoot, then he puts her pictures out there on the modeling scene to promote her. He seemed like a perv when he said that the least expensive photoshoot was a nudie one. I thought to myself right then "ya he's a perv". I got a feeling when I first met the guy,(only time i met him) that he was a pervert. She could only afford the cheapest shoot.(around $200 or something)So he kept trying to convince her to do nude shots and she didn't want to. So he said since he liked her he would let her slide. Which meant he let her do whats called "implied nude" where she is mostly nude but she covers up. So she did the shoot, and it all seemed like it was going the way it was supposed to. So later she signs the release contract saying that he has the rights to her photos and can post them online, or do whatever he wants with them. After she mailed it she was talking to some other photographers who knew who this guy was. They told her the guy was basically a pervert and would exploit her. They said he basically "likes to say that he does nudes so he gets free nudes". And maybe some of you have heard of the model Tila Nguyen, well she got scammed by him too some years ago when she first started out and had to get a lawyer. So now my friend doesnt want him to use the photos but she already signed the contract and so it seems theres nothing she can do. I said maybe if she just cut off all contact with him then maybe he wont bother using her photos. (cuz why would he try to promote a model that he cant get a hold of right?). Ya so basically, she doesnt want these photos getting out and it seems like its too late. And yes she realizes this was a bad idea trusting this guy and now I'm just trying to help her out and think of anything that can be done. This is the contract Model Release. It seems pretty solid to me but Im not a lawyer and dont know how to interpret these contracts that well. Anyone have any ideas? And please no "well she was stupid in the first place for blah blah..." responses. I know she made a mistake and now I just want to see if there is any way to get her out of this.

ps.
the photographer is Carlos Quintero. and basically hes a scamming creep.


EDIT: hereby represent that I am over the age of eighteen years, and that I have read the foregoing and fully and completely understand the contents thereof.

Ok i doubt this will help but, she is 18, not "over 18". So does "over the age of eighteen" mean being 19 or is age considered to the day? meaning she would be 18 years and some # of days old?

This ad is not displayed to registered or logged-in members.
Register your free account today and become a member on Mustang Forums!
__________________
"This is an environment of welcoming, and you should just get the hell out of here"


-Charles
Mustangood is offline   Reply With Quote
Old 03-14-2005, 07:44 AM   #2
Mustangood
2nd Gear Member
 
Mustangood's Avatar
 
Join Date: Jun 2003
Location: California
Posts: 416
Send a message via AIM to Mustangood
Default RE: A friend in a bind. help?...

Does this mean anything?
Under what is commonly known as the "Right of Publicity," individual persons (or in certain states the estate of dead persons) are entitled to control the commercial exploitation of their image. Commercial exploitation includes advertising or selling products, goods, or services for money or any venture that is designed to generate profit or convey a product endorsement and does not entail a legitimate educational or editorial reason for the use. (There also exists a similar but separate doctrine known as the "Right of Privacy" which acknowledges and protects people’s right to be left alone and not dragged into the public spotlight).

UPDATE:
But I also read this...
Those who agree to be in a photograph before it is taken are termed "models." One does not have to be a professional model to pose for a picture. When the model is a professional there will usually be a contract with the photographer or modeling agency defining the scope of permitted uses of the model’s image, often allowing the model to have approval rights over certain uses and/or providing for more money upon publication of the photographs. If the intended use is outside the scope of the model’s contract, the party wishing to use the photo may need to obtain a special release for the particular use of the photograph directly from the model. When a modeling agency or freelance photographer obtains a release directly from the model, this may abrogate the need for a publisher to directly contact and negotiate with the model, but the release must be consistent with what the publisher wants to do with the photo, otherwise it will not be effective. If such a release limitation is breached, the publisher, photographer, and modeling agency may be liable for misappropriation of name, image, or likeness, as well as breach of contract. Often the photographer will be asked to indemnify the Producer for any legal consequences that arise out of any defects in such a previously obtained release.



from http://www.vergemag.com/1000/feat/copyrt.html
__________________
"This is an environment of welcoming, and you should just get the hell out of here"


-Charles
Mustangood is offline   Reply With Quote
Old 03-14-2005, 07:49 AM   #3
HAUS
4th Gear Member
 
Join Date: Feb 2004
Vehicle: 1992 Mustang LX 5.0
Location: Lansdale, Pa
Posts: 1,192
Default RE: A friend in a bind. help?...

i seriously suggest getting a lawyer and fighting it. the one thing you could fight is the contract saying over 18 years old. now if it said 18 and older i highly doubt it. get a free constaltation from a lawyer and see if its worth fighting. but there could be a loop hole in that over 18 years old part of the contract. maybe you'll be lucky and there will be a lawyer on this board or a law student that could give you some advise. please let us know how it turns out.
__________________
RIP Alex. Thanks for the sig bud!!
HAUS is offline   Reply With Quote
Old 03-14-2005, 05:02 PM   #4
HRnB
Administrator

 
HRnB's Avatar
 
Join Date: Dec 2003
Vehicle: spaceship
Location: Southern California
Posts: 24,559
Default RE: A friend in a bind. help?...

The only thing she can do is buy the contract from him. She can fight it, but a contract is just that. If you could get out of a signed contract that easy, they would never have any meaning. If she hires an attorney, she's just going to get scammed again by him unless she can find one that will take the case pro bono or on percentage of restitution. If an attorney won't take the case based on percentage, then she probably doesn't have a case.
I read that the "Girls Gone Wild" company has been sued hundreds of time and have never had to pay a dime in restitution, but they have lost a couple cases and had to remove the girls from the video they were in.
__________________

HRnB is offline   Reply With Quote
Old 03-14-2005, 05:07 PM   #5
MikeHawke
Retired MF Moderator
 
Join Date: Apr 2004
Location: I live in Canada, eh
Posts: 7,154
Default RE: A friend in a bind. help?...

some people are pieces of **** and know exactly how to take advantage of young girls. This scumbag prolly does it ALL the time.

I doubt she has any legal recourse but that guy should be strung up by his gonads.
__________________
mustangs are neat.
MikeHawke is offline   Reply With Quote
Old 03-14-2005, 05:13 PM   #6
Choppa
3rd Gear Member

 
Join Date: Dec 2003
Vehicle: 97 Cobra
Location:
Posts: 518
Default RE: A friend in a bind. help?...

he is entitled to do what he wants those pictures now cuz of the contract. meaning he can look at them show them too people whatever but he cant make money off of them i think its too late to get the pics back or ne thing like that. but since there are already taken and if he plans to sell them or put them on the internet she should try to get a % of the profit from that. thats the only thing i can think of.

o ya does that ripping up a contract thingy really work? does ripping a contract void it?
Choppa is offline   Reply With Quote
Old 03-14-2005, 05:17 PM   #7
xRockThePonyx
6th Gear Member
 
Join Date: Jul 2004
Location: Cincinnati
Posts: 5,091
Send a message via AIM to xRockThePonyx Send a message via Yahoo to xRockThePonyx
Default RE: A friend in a bind. help?...


Quote:
ORIGINAL: HotRods_n_Booze

The only thing she can do is buy the contract from him. She can fight it, but a contract is just that. If you could get out of a signed contract that easy, they would never have any meaning. If she hires an attorney, she's just going to get scammed again by him unless she can find one that will take the case pro bono or on percentage of restitution. If an attorney won't take the case based on percentage, then she probably doesn't have a case.
I read that the "Girls Gone Wild" company has been sued hundreds of time and have never had to pay a dime in restitution, but they have lost a couple cases and had to remove the girls from the video they were in.
Booze is right on this one. You have got to be SO careful with modeling companies because there is a lot of fine print. My mom was once a model, a family friend of ours, and i'm looking into it as well. It's very shady, and they have a lot of leeway when it comes to the legal stuff.
__________________


2000 v6 Mustang
[b]PROUD 'Stang chick!
xRockThePonyx is offline   Reply With Quote
Old 03-14-2005, 06:16 PM   #8
MikeHawke
Retired MF Moderator
 
Join Date: Apr 2004
Location: I live in Canada, eh
Posts: 7,154
Default RE: A friend in a bind. help?...

i still say he should be strung up by his nutsac

fuggin douche
__________________
mustangs are neat.
MikeHawke is offline   Reply With Quote
Old 03-14-2005, 07:51 PM   #9
Emann0007
5th Gear Member
 
Join Date: Oct 2004
Vehicle: 1997, Ford Mustang GT vert
Location: Orlando, Fl.
Posts: 2,535
Send a message via AIM to Emann0007
Default RE: A friend in a bind. help?...

Not to be mean or a jerk, but no model starts out doing nudes. If so, they are gonna go nowhere. That contract looks pretty solid, and she could have signed that contract on her 18th birthday, and its valid. Not worth the money it will cost to get a lawyer. As stated above, she could buy back the rights to the pictures, but chances are if any damage was gonna be done, it already has been. Best bet is to just let it go. If she wants to be a model, then him advertising her can't be bad. Even if he is a douschebag. Tell her to not owrry about it and find a more respectable and well known photographer next time. Photographers are notorious for being manipulative pervs.

She just needs to try and be a lil more careful next time. She should just be glad/proud of herself for not giving him nude pics.
__________________

http://www.cardomain.com/id/emann0007
Emann0007 is offline   Reply With Quote
Old 03-14-2005, 08:05 PM   #10
Mustangood
2nd Gear Member
 
Mustangood's Avatar
 
Join Date: Jun 2003
Location: California
Posts: 416
Send a message via AIM to Mustangood
Default RE: A friend in a bind. help?...

So who or what determines the price to buy back the rights?
__________________
"This is an environment of welcoming, and you should just get the hell out of here"


-Charles
Mustangood is offline   Reply With Quote
Old 03-14-2005, 08:05 PM
MustangForums
Ford Mustang




Paid Advertisement

 
 
 
Reply

Tags
carlos, perv, quintero

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
YOU MIGHT OWN A CLASSIC MUSTANG.... IF Waffles Classic Mustang General Discussion 152 03-30-2009 02:32 AM
No start, AGAIN...HELP hemi_04d 5.0L (1979-1995) Mustang 16 04-28-2008 01:21 PM
PI swap done....clicking noise tho...help...*vid* aMerICAn_mUsCLe79 4.6L (1996-2004 Modular) Mustang 43 12-22-2007 11:16 AM

Advertising

Featured Sponsors
Vendor Directory
New Sponsors
All times are GMT -5. The time now is 06:54 AM.

Internet Brands, Inc.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO 3.5.2

This forum is owned and operated by Internet Brands, Inc., a Delaware corporation. It is not authorized or endorsed by the Ford Motor Company and is not affiliated with the Ford Motor Company or its related companies in any way. Ford is a registered trademark of the Ford Motor Company
Emails Backup