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Thread started 27 Aug 2013 (Tuesday) 09:43
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The latest round of image theft and corporate bullying: BGZ Studios vs NBC/SyFy

 
nathancarter
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Aug 27, 2013 09:43 |  #1

http://bgzstudios.com …-litigation-against-syfy/ (external link)

Perhaps some of you have read about this. It's pretty big news in my circles.

In short, for promotion and broadcast of the new show, "Heroes of Cosplay**," NBC/SyFy used MANY photographers' photos without the appropriate licensing and permission. BGZ Studios is taking them to task, publicly. As expected, the network is trying to dodge the bullet in a variety of ways.

In the latest updates, the network is claiming that the images are a collaborative work between the photographer and the model, therefore the model and photographer share joint ownership of the copyright, therefore the model is able to grant a usage license to the network. (of course, this doesn't address the fact that many of the images were used without the knowledge or consent of either the model OR the photographer)

Thoughts?
I'm hoping they'll just pay the license. I'm expecting that once someone at the network with a smidge of real IP law expertise gets their hands on it, they'll offer to pay the license along with a wad of hush money to stop bashing them. I hope he takes the license fees but not the hush money, and continues to make all the proceedings and outcomes quite public.

I'm a little concerned that the photographer is using (and defacing) the studio's logos. Doesn't the studio own those logos? Would the photographer's use of those logos considered to be fair use, or derivative works? I don't know.


** Personal note: For those unfamiliar with the cosplay/costuming community, please don't take your impressions from this show. It's generally regarded as terrible; it's manufactured "reality" TV that's edited for the sake of drama, and it does a very poor job of representing the cosplay community.


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Nightstalker
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Aug 27, 2013 11:19 |  #2

Wow, definately keeping my eyes on this one - could get jucy.


  
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gjl711
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Aug 27, 2013 11:43 |  #3

Nightstalker wrote in post #16244321 (external link)
Wow, definately keeping my eyes on this one - could get jucy.

Same here. Of course, by the photog going public SyFy is getting loads of exposure for the show and there is no such things as bad exposure. Sometime the worse, the more people tune in to see what is happening. :)


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rpadula
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Aug 27, 2013 11:58 as a reply to  @ gjl711's post |  #4

Funny, I was searching through this forum for published vs. nonpublished for copyrighting earlier, and had found this other SyFy stealing photos thread:

https://photography-on-the.net …/showthread.php​?t=1243228

This stuff is fascinating.


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Dan ­ Marchant
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Aug 27, 2013 15:22 |  #5

nathancarter wrote in post #16244055 (external link)
In the latest updates, the network is claiming that the images are a collaborative work between the photographer and the model, therefore the model and photographer share joint ownership of the copyright, therefore the model is able to grant a usage license to the network.

I guess they assume that all the photographers, plus anyone reading the story, are stupid. Because that is a lot of old rubbish.


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dkizzle
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Aug 27, 2013 17:23 |  #6

Keeping tuned to this thread. With a few good threads just in this sub forum alone who needs cable? :) The longer they delay, the deeper hole they dig for themselves.


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ions
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Aug 28, 2013 22:57 |  #7

I contacted the guy through this link, http://bgzstudios.com …-litigation-against-syfy/ (external link) , saying that I'd be glad to help in any way I can. Not sure there's really much I can do other than be a piece of evidence citing prior misbehaviour... If that has any weight.

Have any of you watched the show? I haven't and I wonder if the zombie image they ripped off from me has appeared.


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KirkS518
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Aug 29, 2013 15:02 |  #8

nathancarter wrote in post #16244055 (external link)
In the latest updates, the network is claiming that the images are a collaborative work between the photographer and the model, therefore the model and photographer share joint ownership of the copyright, therefore the model is able to grant a usage license to the network. (of course, this doesn't address the fact that many of the images were used without the knowledge or consent of either the model OR the photographer)

Using that premise, let's get one of the cosplayers to 'authorize' reproduction and distribution of the show on our own DVD label, and sell them. Wonder if they would say, "Oh, you had one of the actors permission? Sure you can reap the profits from our show, since it was a collaborative work between studio and actor. No problem!"

.....idiots....


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nathancarter
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Aug 29, 2013 21:31 |  #9

ions wrote in post #16249186 (external link)
Have any of you watched the show? I haven't and I wonder if the zombie image they ripped off from me has appeared.

They don't seem to be using a lot of stills in the actual show, but they sure have on all their promotional stuff (facebook, website, etc). If you had taken any photos of the cosplayers who actually appear on the show, I'd definitely be on the lookout for any misuse.

I only have one picture of Yaya Han, it's just an old quickie PnS snapshot though.. that's me in the Stig helmet :)
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nathancarter
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Sep 11, 2013 11:22 |  #10

Latest update: The TV reps have found a new trick that nobody has ever tried before: "But other photographers gave us their work for free!"


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rpadula
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Sep 11, 2013 12:09 |  #11

nathancarter wrote in post #16288096 (external link)
Latest update: The TV reps have found a new trick that nobody has ever tried before: "But other photographers gave us their work for free!"

Let's see; what was that famous line my mother used to say? Oh yeah. "If your friends jumped off the Brooklyn Bridge, would you do it too?"

:lol:


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gjl711
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Sep 11, 2013 13:04 |  #12

rpadula wrote in post #16288278 (external link)
Let's see; what was that famous line my mother used to say? Oh yeah. "If your friends jumped off the Brooklyn Bridge, would you do it too?"

:lol:

I had an answer to that. I would answer, "it depends, when they landed and got hurt, did a blond nurse with big b**bs nurse them back to health, is so, I might consider it" Then I got whacked in the head.


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Dan ­ Marchant
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Sep 11, 2013 13:42 |  #13

nathancarter wrote in post #16288096 (external link)
Latest update: The TV reps have found a new trick that nobody has ever tried before: "But other photographers gave us their work for free!"

Huge difference between giving your work and having it taken without your knowledge or permission ;)
The other great one is "my client doesn't think they should pay what you are asking because they could have got a stock image for $20" - except that they didn't. They opted to steal instead.


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aphphoto
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Sep 11, 2013 18:01 |  #14

Dan Marchant wrote in post #16288537 (external link)
"my client doesn't think they should pay what you are asking because they could have got a stock image for $20"

This argument always comes up and I always tell them it is completely irrevelant. I'm not a stock image house and there are sound business reasons why I don't supply my images to stock agencies.
You can also take the hard line and say I'm not asking for anything - I'm telling you the after-the-fact cost of using one of my images which is completely non-negotiable.


who gives a rat crap how much gear you can list?

  
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noxcuses1
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Sep 12, 2013 10:34 |  #15

nathancarter wrote in post #16288096 (external link)
Latest update: The TV reps have found a new trick that nobody has ever tried before: "But other photographers gave us their work for free!"

Nope. That's been tried before. :lol:




  
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The latest round of image theft and corporate bullying: BGZ Studios vs NBC/SyFy
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