con't-Copyright Issue

Note: Names have been removed at the request of those involved. I apologize for my mistake of posting your names before.

This is the email I sent in regards to the copyright infringement. (see previous post for more info.

Hi N,

Regarding the photos that you have posted on your websites, I did not give you permission to use any of the photos from that shoot because you did not pay me for the shoot. Therefore I have to ask you to take down all images from that shoot from your websites, and to refrain from using my images.

If at some point you would like to try to renegotiate usage rights at this time, please feel free to contact me.

I decided after all, even though I am extremely frustrated and angry at these people, that it really wouldn't be worth the time to go after them for a mere $300. So, I am just going to ask them to take down the images and hope that they comply.

The replies I recieved:

Dear J,

We did a re-shoot a few days after you came over with the same wardrobe and
in the same location (Opher's dining room) that we had originally selected.
Of course we had to rent lights and I had to pay again get my hair and
makeup re-done --so you'll notice it's not exactly the same as it was the
day you came over to shoot us. Opher's wife took the photos with her
digital camera. So, you have no claims against the use of these photos.

N

Dear J,

I responded to your Blog on MySpace but would also like to make it very
clear by sending you a direct email as well. Please receive this request to
promptly remove all of the false statements and accusations you've made
about us from the web.

We never tried to do anything to screw you. We were the ones who really
lost out on the deal, incurring several hundred dollars in costs for
nothing. We are independent artists trying to do the best we can with a
very limited budget, which is why we looked on Craig's List for
photographers to begin with. We really couldn't afford the loss of several
hundred dollars (for wardrobe, hair, and makeup) to end up with nothing from
your shoot. But in fact, we did. In fact, the day of the shoot was my
birthday --which I completely put aside because that was one of the only
good days for you to shoot.

In spite of the fact that it was really a complete waste of money and time
for us, we had completely forgotten about everything. It's really quite sad
to see that you're slinging mud more than 8 months later. We've done
several other shoots since that time with other photographers, all of which
have laughed at the questions I've asked upfront about any usage
restrictions on the photos we will take. Anyway, our shoot with you was an
unfortunate misunderstanding. But frankly, we're over it. We wish you were
too.

If you intend to be respected as a professional in this business, you really
need to act in a professional manner. If you were truly concerned that we
might've used your photos without your permission, you could've contacted me
directly first --BEFORE posting these accusations on the web in order to
defame our character. (You posted those blogs on June 10th, but didn't
think to contact me until June 15th?) It was really shitty of you to do
that. In fact, I don't think it's too much to insist that you post a public
apology in its place. It's just unbelievable to me that someone who calls
herself a professional would act in such a way.

In any case, once you remove these blog postings I will (once again)
consider this unfortunate interaction to be finished. If you insist on
continuing to defame my name or character, you are the one who should be
concerned about lawsuits.
--N

I just noticed that you posted your first rant on this here: http://freelanceconscience.blogspot.com/2004_05_01_freelanceconscience_archive.html on May 4th, 2005. That was more than a month ago! If you were really concerned about us using your photos without your permission, it took you 6 weeks to contact me about it?

Please delete these posts immediately!

--N

They ended up taking down the image that I shot from N's website. The photos on their MySpace are essentially the same photos as mine, but they reshot it a few days later. Same wardrobe, same setup same lighting. I would post them to show you, but I can't. PLEASE understand what the law are when it comes to copyright: U.S. Copyright Office

Just as a note, the original post was actually on June 4th, 2005. I posted the email strand on May 5th so that I could create a link to it instead of having the entire email strand in the post.

And to be fair, it was VERY wrong of me to include names in my posts, and thus I have erased all names from the posts. I'm sorry!