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another legal rights question

  • Nossie
    Participant

    I got a dodgy and threatening phone call this morning so I have to be a bit ambiguous in this question.

    So let’s say you’re “invited” to take a few pictures at a party. Say a 40th birthday. Now people are asking can I have a copy of that so you sell it to them for a fiver, print it there and then and off they go. You take shots of all goings on to remember the good times. Then in comes the stripper and you take photos of the performer doing his/her full monty lap dance. After the party you post all these pictures to your website for all to see. Now the pimp (erotic dancer’s foreign north east european boss) calls up and starts threatening “I don’t want to sound like a little Hitler but if you don’t get the pictures down by noon I’ll get a court order and I’ll…” yada yada yada.

    1, I was invited to a private party for the purpose of taking pictures with the knowledge that they would be sold and posted on my site.
    2, At no time during the performance was I signalled to stop taking pictures by the performers.
    3, The boss is not the person in any of the pictures.

    I’m thinking just because it’s an erotic dancer shouldn’t change it’s status from if it were a clown at a kids party, a band or dj or comedian.

    What do you think?

    Sheldon
    Participant

    Show us a link :lol: :lol: :lol:

    damiend
    Participant

    Lol I dont mean to laugh but it sounds like a ” only fools and horses ” skit I dont know where you stand on this as you where on a private prem’ legal rights all that rubbish But I sure wouldnt like some stippers body- guard breathing down my neck take down the photos I cant imagine the sales from these shots would be worth t he hassle , how did the big mafia type boss find out about your website ? you could try sell him the images to promote the stripper lol

    Nossie
    Participant

    damiend wrote:

    Lol I dont mean to laugh but it sounds like a ” only fools and horses ” skit I dont know where you stand on this as you where on a private prem’ legal rights all that rubbish But I sure wouldnt like some stippers body- guard breathing down my neck take down the photos I cant imagine the sales from these shots would be worth t he hassle , how did the big mafia type boss find out about your website ? you could try sell him the images to promote the stripper lol

    Hey you’re welcome to laugh. I find him pathetic too. Yeah the easy thing to do is take down the pictures and that’s what I would do if approached with the proper courtesy but only for the bit where some dhead sez “I don’t mean to be a little Hitler but take them down by noon today”. I told him if he had 1/2 a brain in his little round head he’d ask to have his phone number to be put on them instead if he knew how to act like a business man at all. In part I went on to tell him that he’s just taking a tantrum because he wasn’t asked first and making treats won’t gain any ground with me etc etc.

    It just so happened that an hour later I got a call asking for a number for a stripper company! I thought about offering him the work as a jesture of good faith but I’m on the fence with this little tyrant.

    As for selling him the images, well I did offer them to him for €200 each. hehe

    Sheldon
    Participant

    I think Igor and the stripper can request that the pictures are taken down (and lets just say she’s a good looking girl) under the terms that you probably did not get a signed model release. You could always block out her face and password the pictures but I’d worry that Igor and his friends might just pay you a visit. You never know who you could be dealing with!

    Nossie
    Participant

    Sheldon wrote:

    I think Igor and the stripper can request that the pictures are taken down (and lets just say she’s a good looking girl) under the terms that you probably did not get a signed model release. You could always block out her face and password the pictures but I’d worry that Igor and his friends might just pay you a visit. You never know who you could be dealing with!

    Funny I only got about 4 replies and 3 of them are concerned about being beat up. I’m only really concerned about the legal angles. As for making visits I’m not in the least bit concerned.

    It’s another one of those very grey areas. I’m hired to be there, they’re hired to be there, they’re performers. Igor is not in any of the photos but he’s the one mouthing off. There’s no contract between him and the client regarding photos. And so on. He’s just having a hissy fit really. Dumbass should see the commercial value offered to him since it’s directly targeted at his #1 customer base but I can’t help if he’s an complete idiot either.

    Maybe I should post some pictures of my Cage Fighting friends? I do a lot of commercial and charity work for them too hehe. I’m sure they’d hate for me not to cover the next charity gig.

    If it wasn’t for the threats I’d have taken them down immediately but I tend to delay everything by at least a week for the threats. I think what I’ll do is swap out the 400pixel previews for the 35pixel thumbnails. I still have to let the people know that the shots are there.

    :)

    Nossie
    Participant

    I’m actually going to swap out the preview pics with thumbnails. If anyone wants a quick goo at them go here… http://www.topfoto.ie/ViewGallery.aspx?ShootID=10025

    Ballyman
    Participant

    Things have changed a lot since I last saw a stripper in action. A lot.

    Seoirse
    Member

    Nossie wrote:

    I got a dodgy and threatening phone call this morning so I have to be a bit ambiguous in this question.

    Now the pimp (erotic dancer’s foreign north east european boss) calls up and starts threatening “I don’t want to sound like a little Hitler but if you don’t get the pictures down by noon I’ll get a court order and I’ll…” yada yada yada.

    I’m thinking just because it’s an erotic dancer shouldn’t change it’s status from if it were a clown at a kids party, a band or dj or comedian.

    What do you think?

    A court order ehhh!

    mmmm….interesting. (scratches chin).

    I am not legally qualified to advise you what to do Nossie. I must make that absolutely clear.

    So I am not advising you at all.

    However, hypothetically if it were me in this situation I would be tempted to :

    a) Make a full report to the Gardai about the threatening phone calls.

    and

    b) Wait for Igor to take out his court order.

    (All that a court order will likely do will ask for the pics to be removed from the site

    …but if, and please forgive me if I’m unfairly jumping to conclusions here

    …but if, say for some reason… Igor hasn’t registered the girl for things like payment of tax or payment of prsi

    … I wonder where would that leave him? )

    Mmmmmmmmmmmmm. :?

    (Sesame Street has been brought to you today by the word ‘Can’ and also by the word ‘worms’.)

    nk12
    Participant

    sorry im not being in the slightest bit helpful by offering any advice! as i dont know where you would stand!
    but i think seoirse has it summed up!
    AND it also made me chuckle!
    (Sesame Street has been brought to you today by the word ‘Can’ and also by the word ‘worms’.)
    Brilliant!

    Nossie
    Participant

    I asked for opinions and I got them, thank you all. I’ve listened.
    Mostly I just work towards good vibes and the happiest outcome. I’ve shrunk the photos down to thumbnails thinking that this will show the picture enough to let people know that there is a picture there for sale but not big enough to show anything off. This should reduce any friction. I’m fine with this. If Igor doesn’t like it then let him go crying for his court order. If he want’s to go mafia style, well, I’m sure my cage fighting friends won’t be pleased. hehe

    It’s just another part of the game we’re in so I guess we must learn to deal with it as part of running a business and remain happy. :D

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