Stolen image ?

stpierre87

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Ok so I received an email this morning from a model who walked a runway during a Boston,Ma Fashion Week event that I was shooting at. The email was letting me know who she was and informing me that she had downloaded a image of herself from my FaceBook page. The image did have my branding and my website on it as a watermark. The email continued with letting me know that she accidentally sent that image off with others to a modeling agency for commercial purpose. She then asked what I would like her to do about the whole situation and how sorry she was. I'm much appreciative that she had emailed me in the first place but I'm not sure what exactly to do. Do I just let it go ? Should I try to charge her ?

Realistically what’s done is done but I would hate for that to become a trend. Any advice would be helpful. Thanks.
 

tirediron

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Wow... that's an odd one. "Accidentally" sent if off to an agency? Seems a little unlikely, but at least she did you the courtesty of admitting to it. I would be inclined to thank her for letting me know, and suggesting that she could do some modelling for me as repayment.
 

pixmedic

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she downloaded an image off your facebook page. then "accidentally" emailed it, along with others, to a modeling agency?
I suppose that could be how it happened. maybe it got put in a folder with a lot of other pictures and she just sent the whole thing.
or, maybe the agency saw your watermark and asked her for a copy of the model release for usage rights to that photo, and she got busted.
as for what to do about it...hard to say really. depending on how established you already are, it could be a good network connection to do her a solid and tell her its fine. (might set a bad precedent though for giving away your work)
you could tell her to have the agency just delete the photo, or work out a price for a model release for the photo. (really couldnt say how much is appropriate)
you could always email her back and say that this sort of thing has never happened to you before and ask her if she has any thoughts on a mutually equitable solution since the picture is still your product.
 

orljustin

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she accidentally sent that image off with others to a modeling agency for commercial purpose.

You need to clarify what "commercial purpose" is. Does she mean she sent it to try and get a job, or that the agency is using it in an ad (which they probably aren't dumb enough to do)? If she just sent it to try and get a job, no big deal, as it isn't any different from just linking to the image directly, since you shared it on a social network.
 

Light Guru

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The fact that she actually contacted you informing you about what she did with the image says a lot. I would just charge her your normal fee and move on.
 

KmH

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letting me know that she accidentally sent that image off with others to a modeling agency for commercial purpose.
What commercial purpose? Is she just using the image in her portfolio, or is the Agency using the image in an advertisement?
Is the copyright for the image registered with the US Copyright Office? If so. Is it registered as published or unpublished?

The use determines the worth of a use license for the image.

As it is, commercial use is not required to constitute copyright infringement.
 

Derrel

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You put the image of her on Facebook, and she sent the image along to somebody else. So in other words, you granted free access to the image so anybody could see it, but this picture of her, she liked it, she downloaded it and sent it to another party. And you're wondering what to do about somebody sharing this image you put on a social networking site. I mean, now that you know the name of one, specific person who liked your image, and who liked the picture of herself enough to send it along to a third party. Huh...quite a thorny dilemma, no?
 
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stpierre87

stpierre87

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I just emailed her back asking where she sent the image specifically and whats the main pupose of the image, if any. Now, I shall wait for a reply and then proceed from there. I would have to say that all and all I am appreciative to the fact she liked my image and she contacted me directly about what had happened. Who knows maybe she did get busted and she figured I would be contacted from someone at the agency.
 

amolitor

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"accidently" can mean "on purpose, but thoughtlessly"

What do you say when you do something dumb, on account of not thinking it through, and then a moment later realize that it was dumb?

No idea what the answer is, but yes you should try to nail down what this usage actually was and then charge her whatever your standard rate for that would be. I don't see any need to be punitive.
 

manaheim

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Wow... that's an odd one. "Accidentally" sent if off to an agency? Seems a little unlikely, but at least she did you the courtesty of admitting to it. I would be inclined to thank her for letting me know, and suggesting that she could do some modelling for me as repayment.

Again... EXACTLY what I was going to say.

:lol:
 

tirediron

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Wow... that's an odd one. "Accidentally" sent if off to an agency? Seems a little unlikely, but at least she did you the courtesty of admitting to it. I would be inclined to thank her for letting me know, and suggesting that she could do some modelling for me as repayment.

Again... EXACTLY what I was going to say.

:lol:

:greenpbl:
 

DiskoJoe

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Ok so I received an email this morning from a model who walked a runway during a Boston,Ma Fashion Week event that I was shooting at. The email was letting me know who she was and informing me that she had downloaded a image of herself from my FaceBook page. The image did have my branding and my website on it as a watermark. The email continued with letting me know that she accidentally sent that image off with others to a modeling agency for commercial purpose. She then asked what I would like her to do about the whole situation and how sorry she was. I'm much appreciative that she had emailed me in the first place but I'm not sure what exactly to do. Do I just let it go ? Should I try to charge her ?

Realistically what’s done is done but I would hate for that to become a trend. Any advice would be helpful. Thanks.

Get her to do some free posing for you. Thats the least she could do.
 

DiskoJoe

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