Unauthorized use of photographs

[Guest jwraustin]

It seems like some of the new escort websites are taking the liberty of lifting my photograps from my webpage, and placing them on their websites, along with an ad for my services. I suspect they are doing to the same with other escorts also.

 

While I am quite flattered that they like my pictures enough to post them at their websites, I do like to keep some measure of control over who and where my pictures are posted. Last week I discovered my pictures and an ad placed at http://www.bigcocksociety.com. I had to contact the webmaster to get my pictures removed. Today, I discovered the same thing had happened at http://www.ineedaman911.com. Not long ago, I discovered my picture was being used by someone on barebackcity.com.

 

I realize this is all part of doing business, but I think owners of these new websites need to contact the escort PRIOR to posting a picture and ad. My photographs are copyrighted (I filled out the paperwork and filed the forms), and it is clearly stated on my website that all photographs are protected.

 

I think what bothers me about this is that one of these was a pay site, and if they wanted to purchase a photograph from me, I would have had no problem with that. It's just that they are using pictures to add to their profitibility with no compensation to the escort.

 

So, if you are a website owner, and you want to use my photographs on your site, contact me first. I dont have a problem with that, but I would like to know where my ads and photos are seen.

 

Jon Dean

http://www.manfuck.net

[FrancoDiSantisxxx]

Big Cock Society

 

This problem is one of the reasons I provide specific photographs to each site (for example, my face shot on my reviews is only used here and only Hoo Boy is authorized to use that one shot). It is also why I graphically "watermark" all my photographs.

 

I have gotten about half a dozen calls in the last five days, including this morning, from someone who saw me at Big Cock Society. My concern is similar to yours, Jon, where I both like to have control of what sites I am associated with, where and how my images are used, that pictures be recent, up to date as well as contact information, stats, etc.

 

I do not wish to be misrepresented to clients even if I am not the actual cause of the misrepresentation. I think this is something clients should be very aware of: as with agencies and reviewed escorts, the reputability of a web site is crucial and important to making your escort experience pleasant, safe and enjoyable.

[Guest Kenny021]

RE: Big Cock Society

 

Interesting to read about unauthorized use of photos. When you find that some agency is using them without your permission and they DO NOT remove them, what options do you have? Do you have to hire an attorney and sue them? Isn't that expensive and very time consuming? It could take years before case ever gets to court AND it could be difficult even finding the operators of the site in question.What are your options in dealing with this?

[FrancoDiSantisxxx]

Options

 

You do not have many, other than for a copyrighted image where the courts are likely to give less latitude. There would be fair use issues for images which appear in other sites, but again this depends on what the site owner has done to protect his content and who retains the rights to the original images.

 

This would definitely follow where the image were not of a sex worker. The individual would have few rights, but the courts would allow you to pursue them aggressively. Getting to the site owner would be difficult, get to the web host would be the way to pursue this.

 

However, if you are an escort or an adult film performer, the courts sometimes do take the position that you have "gotten what is coming to you" particularly without copyrighted images. In Jon's case, you would need to hear his response. I simply chose to write to this site and I also advised the site where the photographs were originally submitted by me (as they also took data from that site as well) and I assume this site may pursue their rights.

 

In my own case, it is not worth the expense involved in attorney's fee or court costs if they are not using any nudes (which this site is not) or any other images in a manner I would not prefer they be used.

 

UPDATED 09/04/2002 - http://www.gaydar.co.ukfrancodisantis

[Guest jwraustin]

RE: Options

 

A client of mine, who just happens to be a patent attorney, and is familiar with copyright laws, told me that....if the photographs are on a site that owns the copyright (such as mine...Jon Dean Enterprises, Inc.) to the photogrpahs, then "lifting" them from the site does involve copyright infringement. You cant go down to Kinko's and photograph copyrighted material and put it on your website without permission of the owners of the copyrighted material. Since the web is a new area for the law, this practice seems to be fairly common, and it would indeed involve a lot of legal wrangling to get the case to court. He says there have been several cases brought to court on this, and as best he can recall, judgement was found for the plaintiff. If the web site owners are out of the country - well, you can just about forget it.

 

The photographs that I have posted on male4malescorts.com and americanmale.net, and a couple more sites, are used with my full permission, and the permission was granted to only them to use my photographs. Again, if someone lifts the photograph from male4malescorts, then it is copyright infirngement against male4malescorts.com.

 

If the site does not take down your photographs, then it seems the best way is to contact the web host, and inform them of the situation.

 

One e mail from me to the site owners got the done in all the cases. They were removed within hours once I informed them of the copyright.

 

In all cases, always consult an attorney for the best possible advice.

 

Jon Dean

http://www.manfuck.net

[+ deej]

RE: Options

 

>One e mail from me to the site owners got the done in all

>the cases. They were removed within hours once I informed

>them of the copyright.

 

Sadly, that's not always the case.

 

An escort I know had his pictures pop up on a bareback site attached to someone else's profile. He freaked.

 

He asked the webmaster to remove the pics and the webmaster requested (and received) additional images to prove that they were really this escort's images.

 

The profile was removed immediately, but two days later another profile showed up USING THE NEWLY SUPPLIED PHOTOS.

 

There are just plain unscrupulous characters running websites and, just like HIV status, you can't tell at a glance. It generally won't help much to go after the hosting company because 9 times out of 10 with sites like these their business model is "don't ask, don't tell" about content. The webmaster chose them for that policy.