my images printed WITHOUT my permission HELP!
 

Whe I went to visit Mandy Blake in Atlanta last month, I was supposed to meet up with a photographer from a local free mag there. He was going to do a 2 page interview/photoshoot about KaylaCam and KaylaTV and such. I told him he had 2 hours and I could meet with him at 5. He was LATE. He got there at ten to 6 and then spent 35 minutes trying to decide where to shoot me. I did NOT have a good feeling then. I told him I needed to see his paperwork, as far as the release went, he assured me we would go over it after we shot as we were losing sunlight and he wanted pics of me out and about Atlanta. Like a dumbass, I agreed. He tried to keep me past the time I had given him, wanted me to get naked in public when there were kids riding by on bicycles, all sorts of stupid crap like that, so I called the shoot and went back to Mandy's. Since I had spoken with him online for years, I told him he could email me the interview questions and I would send them back. I asked him for his release, he had forgotten it.

By this time, I was pissed and running late for shooting with Mandy, so I told him we would talk about it later. After I got home, I told him that I was unsure I even wanted to be in his mag. I had gotten a chance to look at it and it was basically a magazine advertising strip clubs and escorts. I told him that I did not really fit in to that as I am not an escort and I have never danced. He said to let him send me the interview questions and release before I decided that. I never heard back again.

APPARENTLY, my images are in that magazine, along side escort ads, with NO WRITE up at all, just "Kayla of KaylaCam.com" on them! Two pics of me next to a ton of hookers! ARGH!

By inference, since there is no back-story or interview with my images, it implies that *I* escort!

What do I do now?! Mandy and Ant are sending me a copy of the magazine. I am FURIOUS! Do I even have a case that I can sue over? I mean, I never signed a release. EVER! I am PISSED that my images are next to hooker ads without the interview part I was promised. I told him I was not sure I wanted to be in that crap rag!

Where do I go from here? Is it better to contact the mag or find a lawyer who will take this on contigency?

D-R-A-M-A RATED X

Yep! You didn't sign a model release, which would have been the only way he'd have legal permission to do what he liked with the images (assuming his model release covered print etc). SUE HIS FUCKING PANTS OFF. If he doesn't have a full release that include mention of all mediums he uses the images on, you can sue his ass off, and I think you can also sue him for using the name of your website without authorization. Go gittem :)

Cool! How do I go about doing something like this? Should I contact the law offices of the biggest meanest sounding guys on daytime tv ads? They are generally weasels...

Well my best advice is to call a lawyer, explain the situation and let them give you advice as to who to call.

Stupid of him for many reasons one not having a release but that aside the guys picking up that mag you told me over ICQ are looking for real action and are not looking to jerk off on their keyboard

you can cry or you can spend some bucks on lawyers! pick up the one! :glugglug

Did he pay you?

so his magazine will be seen by how many people? 30?

an d what if people thought you were a stripper... Is it that embarrassing?

not a penny

Their distribution is 75,000

No, I am worried that it is implied I am an escort. One of my members saw it too and asked when I started escorting and when I would be in Atlanta again. I was like, "WTF?" Then I heard from Ant that my pics were in that mag and it made sense. If my members, who 'know' me so well think I am a hooker, what do the other 74,998 people think?

Try keepig your clothes on in the future if you are worried about where your images will end up.

I have printed your images too! They are hanging on my wall.

sue me

:thumbsup

call the LA County Bar Association, and find an attorney dealing with Internet and/or copyright law.

I highly doubt anyone will take the case on a contingency basis however. This isn't a personal injury case.

Another issue you have to deal with will be venue. I am almost inclined to think that you will need an attorney licensed to practice in GA, however, if you are able to go with the copyright card, I believe that should be handled in Federal Court, so if licensed to practice in Fed court, that means Fed court anywhere. The only issue is the expense involved if had to try it down there.

A C&D might be the best way to start. A lawsuit could get very expensive, very quickly.

Can't I make my suit cover court costs and such?

oh, come on. Everyone knows the best legal advice can be obtained for free at GFY :1orglaugh

of course you can, and would, but what if you don't win, or even more likely, what if you win and can't collect? That happens a lot.

That is why you are not going to get an attorney to take this on a contingency (no recovery, no fee) basis.

A personal injury attorney is not going to take an open and shut case if the defendant does not have insurance.

good one :thumbsup

she's only an amateur! find some better chicks and put (what?) :Graucho

Hey Ant, please don't send the mags, let me have MEJ do it. You are in the biz and local to the magazine, I do not want you to have any run-ins (I hear the magazine owner can be...difficult...)

ok , I didnt know he could be tough thanks for thinking of us :)

Sounds like an opportunity to me.

No, actually she could sue for defamation because he implied that she was a hooker or escort... I'm sure there's more to this than I've thought of, as well.

HAHAHAHA! GREAT sig!

the problem with defamation is proving damages

Sounds like a shitty magazine operation, they probably don't have much money. Suing for cash probably won't get you anywhere, but maybe you can do some damage to their business?

Take action either way. Other girls could be next...

Which is damn hard. And all in all, she probably won't suffer any financial damages whatsoever.

This is how clever the guy is:
http://www.kaylacam.com/conversation.htm

I like how he tried to tell me it is my fault because I probably deleted his email.
LOL

Kayla - there's an attorney here that does work with the adult industry. Jackson Cook at 404-659-2880. I haven't talked to him in over 10 years and he was old then :winkwink: but he knows the industry and may be able to help you and/or tell you someone that can.

The ONLY problem I see is that he might represent the magazine guy, but that's something he'd tell you straight up.

Isnt their a law about public content? How do the guys get away with taking and publishing pics of girls getting wild at mardi gras or spring break without paperwork. I think this fuck deliberately had plans to use you to shoot in public places and now figures its "public content" and can use it as he pleases..unethical people in this biz can really put a bad taste in ones mouth.

Hey Kayla, I used to live in Atlanta and, if the rag in question has a name rhyming with excrement, I don't think you would be the first person to go after them legally. They did not exactly treat me on the up and up when I worked with them briefly, never compensated, and don't like to give press unless a club owner or whoever pays them. I would have expected them to hit you up to buy an article on yourself after you already invested your time in shooting; that would be standard operating procedure.

Kayla - STOP TALKING TO HIM until you talk to an attorney.

Hey thanks! Kick BUTT!

I love how everyone on GFY thinks you can call a lawyer and solve everything in this world. That is funny shit for real. Someone should just be honest and up front with you about this Kayla. Getting a lawyer is going to require you to pay him upfront because your case is not a solid home run for him. You aren't likely to collect much of anything since this guy probably isn't making much in the way of money and will just stall it out over time if you do sue him.

I don't see how having your pictures in a magazine that has escort ads will equate to you being an escort in court, but you and I both know that guys may draw that inference, but in court, it's not likely to work, especially considering you knew ahead of time what mag it was.

Bottom line is you would likely end up spending money to have this drag out and you would not end up with much of anything but you can try, that's just a realistic view of things. Not the fairy tale view so many on here have where they think you can get a lawyer and solve everything and always win.

Remember this is your biz and your image and images are your biz. Operate as a biz and not as a friend, don't do anything for anyone without documentation or payment ahead of time. It will only end up fucking you at some point, friend or not all the same.

Neither you nor I nor 99.9% of the people on this board know what she can and cannot do to this guy. An attorney WILL know. She can pay one less than $500 and find out her options, no? :winkwink:

which is my point . . . and what if it was actually good for business?

You missed the point of my post then. I said she is going to have to pay to find out, she can probably get a free brief consulation, but to get anything done she is likely to have to pay upfront on this one.

DRAMA! someone tell juicy to update GFY stats...

And that's a bad thing? You pay a doctor for a diagnoses, don't cha? :thumbsup

you obviously skipped over my comments

Kayla, are you available for escorting? I just saw you in this magazine next to hooker ads...

punk!
:BangBang:

Duck, as much as we're all fans of your cut and pastes, save yourself a headache and don't exacerbate this by reprinting the situation on your "news" site. :disgust

I don't think you can win a suit because you really were not damaged by it-plus your site addy did get printed which may attract more members to you-and I doubt the mag is going to profit by using your pic-I sympathize with you but legally I don't see a case

:1orglaugh

My thoughts exactly. However what she could possibly win is control of the images if there isn't a working release on them. Although I wouldn't be surprised to see this guy pop up a fake release if he's willing to do other shady things already. Best case scenario is to prevent future use of the images but that would probably cost a couple thousand dollars to accomplish in court, unless this guy gets scared by legal stuff. If he's been sued before he may not care.

Best of luck though Kayla, guys who do things like this need to be taken to task. Hopefully a good attorney can give you some help.

You have a case if you did not sign a model release.

Go to lawyers.com and find an attorney in ATL. It will be much cheaper.

That rag does have money

Finally common sense.

Kayle if you have $10K to throw up in the air in the hope of it falling back in your lap, then go ahead with the lawyer thing. You got to prove this defamed you, hurt your businesss and your standing in the community.

All the time while his lawyer is playing a video of you doing live cam and arguing you got a free ad. You lost one client, big deal. Escort traffic is good you probably picked up 10, well that is going to be their argument.

You learned a lesson, check people out first.

What a sec, you aren't an escort???