Too late to say I didn't know it would be used like this

First I want to say this is not a condemnatiion of the designer who used my image or his work. The design is great! I am not a prude and would not be posting this if it had been a picture of me. I wouldn't care not in the least. That said..


I have seen so many photographers post here about their concern about how there models would be used especially in the recent discussions about Vox. This morning I got an email saying one of my images had been used in a iStock designer spotlight entry. As it turns out the image was of an elderly man who just happened to be the very first person I asked to sign a model release. Little did I realize or think that his image would be used in this way. I have been totally ignorant and lacking in forethought.


I have sat and pondered this for some time before posting this wondering what I should do for him..my model who I want hurt in no way. I see nothing left to do but delete the image to prevent it's use in this way again. As a photographer who deals mainly with nature with few images of people in her portfolio that's a shame.


My main interest in shots of people have been the middle age to elderly but now I am inclined to leave the people shots to others. Objects and nature may not sell as well but neither can they be hurt or affected by my use of them. sigh..





If someone can make me feel better about this please do. I do realize his face is partially covered by the girls skirt but he is still recognizable. Could I coerce the designer into removing him from his design? Probably not.. I can only hope his friends/family never see it.


I do realize this is a business so perhaps I should just save my more personal images for my own use and memories rather than stock. I'm really disheartened by the whole business right now.

Can you link to the design?

I love the design. It's obviously a cartoon style so why worry? Is it likely that people who know him will see it and notice him, if they do will they think he was really there? will they think he condones the use of the image? Is this guy a prude, will he himself object to the way the image has been used?

If the guy is a religious humourless nut then he may be offended, if he's an average human - i can't see too much to complain about.

I know it's not much comfort, but what are the odds that the gentleman will ever see the design?

Anyway, to me it looks humorous and cartoony, and not even R-rated, so I wouldn't really worry about it.

It is cartoony but does it violate the license agreement?


use or display any Content that features a model or person in a manner
that (i) would lead a reasonable person to think that such person uses
or personally endorses any business, product, service, cause,
association or other endeavour; or (ii) that depicts such person in a
potentially sensitive subject matter, including, but not limited to
mental and physical health issues, social issues, sexual or implied
sexual activity or preferences, substance abuse, crime, physical or
mental abuse or ailments, or any other subject matter that would be
reasonably likely to be offensive or unflattering to any person
reflected in the Content;

^if that's the way you're thinking ManicBlu - then i'd just take this to Support

(Edited on 2006-08-23 05:31:00 by kelvinjay)

It's very funny and as it's likely to only be used locally, I doubt your model will ever see or hear of it. He might even find it funny too.

I can also see your point that he is basically being depicted as a dirty old man, which was probably the last thing on your mind when you took the picture.

Although this might violate the agreement, you can barely tell who the gentlemen is. Furthermore there are other "elements" is the design that warrant more attention.

Ha, there is my photo too. But you can see only the hand... So I'm lucky....


One of my photos of a girl was used in an article about polygamy. At first I was afraid what the model would say. Be she and the whole family just had a big laugh about it.


So it is not always so bad. Maybe he will be thrilled to see himself in a strip bar... Who knows...

My impression is that this a breach of the agreement, implying that a recognisable person is attending what seems to be a strip show. I'm sure that when the elderly gentleman signed the release, he never envisaged use like this. I would recommend making a complaint.
Although I do a lot of model photography, I would never submit the pictures here for this very reason, and always keep recognisable faces out of my images.

No, actually I haven't given a thought to agreement violation and am not now but thanks AzureLaRoux for making the point.


Posted By redmal:

It's very funny and as it's likely to only be used locally, I doubt your model will ever see or hear of it. He might even find it funny too.


Might but I somehow doubt it. The day I was getting the shot his neighbor was out there trying to talk him out of it. I remember wishing she would just go on rather than ruin my chances at my very first signed model release. (rolls eyes)

I can also see your point that he is basically being depicted as a dirty old man, which was probably the last thing on your mind when you took the picture.


Exactly..and I doubt at this time in his life he would be happy about it.


Let us say it's your daughter, father, mother whatever who has her picture taken by a photog and one day you see an image with her face superimposed over a naked woman dancing on a stage or your father is sitting in a strip club oogling the naked girl...


I doubt this is the last time this conversation will happen on stock forums. I am now made wary of the potential for use of any people images I upload. I have to worry about it.

This just shows the importance of talking to your model so they completely understand what they are signing. You can't just rush them into signing the model release. You owe them an honest explanation of what stock photography means.

I wouldn't worry about it. If your model had approached you I would have suggested something else.

Personally I think it's hilarious.

edit: but I don't shoot people... even if I was in your shoes I still think that I'd find it hilarious.

(Edited on 2006-08-23 06:32:10 by shaunl)

That's one interpretation. I saw it as women and men of all ages welcomed. I don't see the problem. He probably has a bigger sense of humor than what you give him credit for. Now, if you approach him saying "Oh, the sky is falling....I can't believe your photo was used in this manner!" then he might react a bit negative

Don't enter the steel cage. You should see what those people do there!

Hi,

I think you are interpreting to much into the picture. I was on the homepage of the disco, and it is no streepclub.

If you look other flyer from other discos, you allways see young woman on this and when you´re inside - the only woman are this form flyer

When someone is old enough and goes in this art of club, he / she will find this image funy and not bat.

The probablity that the same thing happens again is very very low, so keep up the good work and don´t wory to much !

I agree with AzureLaRoux. If the use of your photo makes you uncomfortable it's because it causes you offence.

Even if you don't condemn the design, you can still ask that your photo not be used in this way.

I, too, have models who are uneasy about releasing their image onto the Internet. Your "policeman" in this area is iStock, they introduce professional standards into the whole process, so go Support and see what they say.

Roger

Dancers are artists, too.

Agree!

I undertand your point, ManicBlu. Some models would find this funny, but others may consider it insulting. No matter how talented the designers are, we all want to keep our models happy with the way their photos are used. I'm surprised that this particular use of image did not require an extended license though, for sensitive use & your written permission to use it as such. The design is rather funny though, with the giant (drinks???lol) on the platter...

I'm anxious to see what other Istockers will say about this.

Roger, I guess I'm one of those people that thinks since iStock approved the design in the first place they didn't see anything wrong with the use of the image and that's why I just accepted it without thinking of contacting support. Like so many I know nothing of legalities and trust that those that do will do the right thing. Perhaps I was wrong in this and support cannot keep an eye on everything at all times. I will contact support.


I agree, Cybermama, that if we don't keep our models happy then we will find it gets harder and harder to get a release signed. My husband after reading the model release laughed out loud and said, 'who would sign one of these things after actually reading it.' He has signed one and is very much a free thinker. He will find this funny when I tell him about it. He would love to see himself in this picture..better yet he would love to actually be there, in the nude if possible and have his picture taken. LOL But yet he will understand where I'm coming from and that's the reason for his statement. It takes all kinds to make the world go round and all have rights.