night club photos (NWS)

thebishopp wrote in post #6015468
LOL, yeah, HIS models lol. They are freelance models and it appears he doesn't even have releases for them (it seems like he knows nothing about releases or usage rights)! They were doing a fashion show, in which he was ONE of the vendors, where a bunch of us photographers were invited to shoot. I think he is assuming that since they wore his clothes for a section of the show they are now "his" LOL.

Boy this guy is probably not going to make it in the biz... if he actually takes off I can see him getting sued for numerous failures to obtain releases for using "HIS" models likenesses as well as copyright infringments LOL. He is lucky now that he is a nobody as he makes a poor financial target.

Heck, this rocket scientist admitted to using a googled image (the subway ad he photoshopped my picture onto) to represent his business LOL.

I am not quite sure how he got the image. I am thinking he either pulled it from my flickr (though I didn't give him the address, he would of had to have gotten it from one of the models I shot) or from one of the models myspace page. Hard to say no info on the my picture files I right clicked and saved off his page so it appears my exif was stripped.

Seems a bit of a plank to me...

thebishopp wrote in post #6015172
Well I got the reply from the fellow (who clearly seems ignorant of the copyright laws lol):

HAHAH That pic is photoshoped onto a billbored from a new york city subway i think. I found it on google I am a smaller company and if it that big of a deal i will delet all pics from you and will ask u not to use anything that includes self made and or my models.

Lemme know what my next move is.

Mr Trip

I think your reply should go something along the lines of:

Dear Mr Trip,

Here's my next move:

*Insert Formal Document Relating to Copyright Infringement and request to a Civil Court Dispute*

'Lemme know what your next move is...'

Kind Regards

The Bishopp

'ignant!

DwightMcCann wrote in post #6010429
Please note that copyright infringement is not a criminal act and is not theft! It is a civil offense that comes with some pretty high penalties. There is no value in demonizing ignorance, although receiving statutory real and punitive damages is always helpful.

If you don't think it's theft, I'd be interested in what you call the act of taking something of yours without your permission. It is unlawful. So what does the pc world call it, unlawful borrowing? And last I heard, ignorance of the law was no excuse. It may not be prosecutable under U.S. criminal statutes but it is certainly theft none the less.

I'd also be real interested in hearing what you'd have to say if images from your casino shoots ended up on posters or ads somewhere. I'm sure you'd be real tolerant of the "ignorance".

a question for you Dwight.

Do you also shooting fighting? cuz i saw your name on some credits on fightwireimages.com

could be another Dwight McCann.

turbodude wrote in post #6015906
a question for you Dwight.

Do you also shooting fighting? cuz i saw your name on some credits on fightwireimages.com

could be another Dwight McCann.

Yup, I've sold fight images on four continents as well as to ESPN and Showtime. I have my fingers into a lot of things. Ed Mulholland (Muls here on POTN), one of the principals of FightWireImages is a friend of mine and I have contributed to his wire service since he started it ... most of the images of mine sold on FWI have been of Ring Girls and sidemen rather than punches and strikes.

Awesome, he sounds super nice, and i cant wait to see him work. he is allowing me to shoot some of teh fights as well, hopefully he can give me some pointers. ive never shot pro level boxing before, just MMA, and some tournies.

adsayer wrote in post #6013273
whoops! getting confused! I could've sworn they look wide than 17mm... oh well

oooohhhh I'd love a Tokina 10-17mm and all that fishy goodness

Man...I see the forum has been busy today!

ADSAYER - Yeah, I'm loving that lens so far. I got asked 4 times the other night (by a group of BEAUTIFUL WOMEN) if I do studio photography...and that they wanted to do a session.

DAMMIT I have no clue of what I would need for lighting and such!
I hate to pass that up...I need to pay off that lens! lol

turbodude wrote in post #6016073
Awesome, he sounds super nice, and i cant wait to see him work. he is allowing me to shoot some of teh fights as well, hopefully he can give me some pointers. ive never shot pro level boxing before, just MMA, and some tournies.

Well, watch out ... when he and I shot together he was mentoring a couple of new guys, coordinating with his assistant (big time, eh!), chatting me up constantly and still captured amazing shots that I missed even though I never took my eye off the action ... someone like that will shatter your ego if you aren't careful! He's a great guy and has brought a lot of talent into the boxing and MMA photography world ... folks who would never have gotten a start without his willingness to extend himself to others without thought of benefiting himself. He is my role model and I now do the same ... very rewarding to see guys that you grabbed by the collar and pulled around for their first couple of fight nights turn your efforts into paying work. I have two but Muls likely has two dozen! I know I can be a dipwad but I try to always extend a hand to a new guy ... and I expect the same from others ... as you will see if I ever get to LV ... which is still high on my list, my friend ... I have even secured wifely approval! Now I just need the time!

DwightMcCann wrote in post #6016336
Well, watch out ... when he and I shot together he was mentoring a couple of new guys, coordinating with his assistant (big time, eh!), chatting me up constantly and still captured amazing shots that I missed even though I never took my eye off the action ... someone like that will shatter your ego if you aren't careful! He's a great guy and has brought a lot of talent into the boxing and MMA photography world ... folks who would never have gotten a start without his willingness to extend himself to others without thought of benefiting himself. He is my role model and I now do the same ... very rewarding to see guys that you grabbed by the collar and pulled around for their first couple of fight nights turn your efforts into paying work. I have two but Muls likely has two dozen! I know I can be a dipwad but I try to always extend a hand to a new guy ... and I expect the same from others ... as you will see if I ever get to LV ... which is still high on my list, my friend ... I have even secured wifely approval! Now I just need the time!

thats how i feel as well, thats why i love trying to help others when i can. I hope to learn alot about him, i have admired his work on sportshooter for a longtime, and when he posted he needed some help in vegas i jumped on it. I cant wait to meet you one day dwight, im sure we will talk for hours on end about anything and everything,

DwightMcCann wrote in post #6015932
Well, (1) you're a bit confrontational so I don't think you really are capable of discussing it (although I expect you have a strong opinion), (2) this is an inappropriate place for such discussion and may lead the mods to closing the thread. (3) My images have wound up in unauthorized places on numerous occasions ... while it irritated me, I had been paid to shoot the images so I wasn't overly concerned ... it is part of the price of having your work published publicly. But one should recognize that while someone may use your work if they acquire it for free doesn't suggest that they would be willing to pay for it ... I have found that those who are willing to pay will seek you out and pay and those who aren't won't under any circumstances. Ranting and threatening doesn't really change anything, doesn't put money in your pocket and for those of us with high self esteem it really isn't very rewarding. YMMV

Interesting. I'm the bad guy after responding when you jumped in and belittled my initial post. Go figure.

As for people who subscribe to your advice, "it is part of the price of having your work published publicly," it is flat out wrong, and is ruinous thinking for the creative community. That's exactly the same as saying, "auto theft is the price you pay for having a nice car, so just give in.

Some stand up. Some lay down. Everybody has a choice.

Pinto wrote in post #6016848
Interesting. I'm the bad guy after responding when you jumped in and belittled my initial post. Go figure.

As for people who subscribe to your advice, "it is part of the price of having your work published publicly," it is flat out wrong, and is ruinous thinking for the creative community. That's exactly the same as saying, "auto theft is the price you pay for having a nice car, so just give in.

Some stand up. Some lay down. Everybody has a choice.

Lol, ok guys, let's stay civil. Not saying anyone is getting UN civil just trying to head it off at the pass as it is my fault for mentioning the whole situation LOL... (besides we are at 142 pages! can't afford a lockdown!)

My excuse is it was one of my "nightclub" photos used and a good example for the nightclub or event photogs out there to be sure to protect themselves and their pictures from copyright thieves as well as to stand up for themselves when it does happen.

This is an aspect of this particular type of photography as I believe it lends itself more to these types of situations (possibe copyright infringements by businesses grabbing your images for their own advertisments).

Mainly since, in my opinion, a lot of our photos end up on myspace (more so than nature landscapes and duck shots lol) and distributed all over through that medium. An example of this is I saw the localites vegas watermark on some pics from some random myspace page in arizona lol.

As for an update, the guy appears to have thought about it and either realized the error of his initial reply or he actually talked to someone who knew better and was told he was in some hot water (the "mike" he refers to in his msg was the organizer of the show hosted at the nightclub):

-------------
Well this whole situation has me kinda heated.
When i was asked to do this fashion show i was on a limited budget and was under the impression by mike that the pics taken were gonna be mine to use. By no means do i want to disturb anyones buisness and/or want to be sued lol. I am a photoshop ninja and love the pic. But to be truthfull i have about $13 to my name. I sold my car to get this clothing line started and spent numerous hours awake to get it off of the ground. If i make millions off of it i would love to pay you what you are asking but, right not i can barely afford lunch lol.

--------------

This should of been his first email to me but since he appears to be attempting a shot at contriteness and honesty I am going to work with him on a resolution which is amicable for both of us.

OK!

Going to hit the club tonight for more pics, realized I got a lot of "poses" but would like more actual candid dancing shots!

We are everywhere!!!!!!! lol, but yeah we watermark our picture for that exact purpose to get the exposure nationwide. The nature of this business just that exposure. Sucks your picture got used in that manner, but hopefully good will come of it, proposition him. Make sure he gives you photocredit and build a relationship with it, may give you some business down the road.

as long as we get paid ... thats all that matters

now someone post a friggin picture! lmao

Some late comments. Fast moving thread

spotted_assassin wrote in post #6001013
Here are a few from the other night:

Not too keen on the skin toe in some of them...

thebishopp wrote in post #6001814
OK! Finally fought my way through the fashion show

If you shot Raw, the first should be recover-able. (the face)

thebishopp wrote in post #6001841
Would you believe NO PP!!??

HTTP response: NOT FOUND | MIME changed to 'image/gif' | Redirected to error image by FLICKR

Well, maybe I did a little... think anyone will notice?

Laser show or what?
Nice image.

thebishopp wrote in post #6007207
It looks like a "BOSS" advertisement was the original there

Bingo

turbodude wrote in post #6010811
here are some, sorry for not being in this thread as much been really busy.

I've also seen better skin tones on your shots...

spotted_assassin wrote in post #6011681
5. I only kept this one because everyone says they like it! Oh well, gots to give the peoples whut they want, right? LOL

In this case; no. It's a discard IMO.

Think of it this way:

• It's a learning experience
  
• People remember 1 bad image longer then 10 good ones

Flick wrote in post #6012261
Some new shots. MMmm... Lasers.

Last one is very nice.

turbodude wrote in post #6017704
We are everywhere!!!!!!! lol, but yeah we watermark our picture for that exact purpose to get the exposure nationwide. The nature of this business just that exposure. Sucks your picture got used in that manner, but hopefully good will come of it, proposition him. Make sure he gives you photocredit and build a relationship with it, may give you some business down the road.

Good points, but I must add that I've rarely gotten "real" buisness out of pictures ripped of the web...
(maybe twice).
Some people are cheap, and at some point a while back, I decided I don't want to be taken cheap
I now go after people using images without consent, and have them taken down. (Myspace or "fan" sites being an exception, allthough I tend to send a mail even then)

Oh, and some images to get back on topic some more

Unyx having fun DJ'ing (not a 'real' crowd shot):

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