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Thread: Famous with out consent?

  1. #41
    Formerly known as DavidJames David Bailey's Avatar
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    Re: Famous with out consent?

    Quote Originally Posted by straycat264 View Post
    Did you stay outside all night to confirm that, or did you leave after she'd gone in?
    Ahhhh.... that explains S38's moving plans. It all makes sense now

  2. #42
    Registered User Zara's Avatar
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    Re: Famous with out consent?

    Quote Originally Posted by Double Trouble View Post
    Yes they have and it's totally disgraceful.....! When you see her next can you remind Zara that her legs are all wrong. Tut, tut..!
    Ahhh, how embarrassing your right! In my defence, in shots Ive seen of myself dancing 'in action' my drops are fine, maybe the posing had gone to my head

    I have emailed the webmaster. I am not entirely happy with the photo being used on the site. Mainly because it suggests Kyron and I advocate the product they are selling, especially as they've pasted their slogan next to us. But I understand that photographers own the images that they take, which I thought they could use for their own promotional purposes, rather than selling on for profit. I hav'nt demanded they take the photo off the site, or anything that drastic, Ive just asked them to shed some light on their source and to say we didnt really want to be used to advertise something we are not associated with. *

    And...shame on them, not noticing my misplaced leg and ditching the photo tut tut


    * Although, it is quite flattering I guess

  3. #43
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    Re: Famous with out consent?

    well they can atleast put my name underneath the photo so everi 1 knos its me

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    Re: Famous with out consent?

    Quote Originally Posted by Vegetable View Post
    well they can atleast put my name underneath the photo so everi 1 knos its me
    I can picture the caption: "This is how vegetables dance".

  5. #45
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    Re: Famous with out consent?

    Quote Originally Posted by Vegetable View Post
    well they can atleast put my name underneath the photo so everi 1 knos its me
    Please use common english; this isn't a txt fon where the number of characters you have available is ltd and your readability will be substantially improved.

  6. #46
    Registered User spindr's Avatar
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    Re: Famous with out consent?

    According to her profile (and "Whois") you could just drop a polite PM to Christine Keeble -- assuming they are one and the same.

    SpinDr

  7. #47
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    Re: Famous with out consent?

    Quote Originally Posted by Vegetable View Post
    What the hell??

    http://www.howtojive.com/

    They have a picture of me and zara?!?!

    I gave no consent for this... not really sure wat to do about it to be fair...
    I know what I hope you'll do and that is accept my sincere apologies. I had already set out to try and identify you just as soon as my web designer told me on Wednesday that he had commenced work on revamping my website. Fortunately I put a call through to your dance teacher and he tipped me off that you are "Vegetable", told me who you are and promised me that he would get in touch with you. So here I am - very contrite and apologetic.

    I absolutely agree that permissions should be gained for such shots on websites. I went to considerable trouble to gain permissions from a dozen or so couples dancing at Britroc, having arranged this with the Britroc official photographer and also with the Britroc organisers (who were both supplied with a list of the dancers from whom I had gained clearances). These various couples agreed to come over with me to the mini-studio set up in the foyer of Britroc where we did some posed shots. I took their names and email addresses and said I would be in touch as and when the site was revamped.

    As all the photos are copyright protected the photogapher sent the photos to my webdesigner on disc. I live in France – the webdesigner lives in the UK – and he was far too busy to do my site before Christmas. I explained to the webdesigner that some of the shots would definitely have clearances but probably not all of them because the photographer was sending a selection. I said I might need to do some detective work once I found out which shots he wanted to use.

    Events have overtaken me and I arrive back from my holidays to find the webdesigner has been a busy bee in my absence and I am in a whole heap of trouble because the shot he wants to use is one of you! As you can see, www.howtojive.com is undergoing a dramatic re-vamp at the moment. Who knows what it will look like in three or four days time. If you would like your photo removed I will certainly replace it with a photo showing one of the couples on my list of consenting couples. (This would be a shame as you're so cute) If you would like it to stay I will be happy to make sure it gets the appropriate credit now that I know who you are.

    One of the posts mentioned Roger Chin and I can assure you that he gave his consent to the photo. He was one of the dance consultants on the How To Jive DVD.

    Please let me know and once again my sincere apologies for not reaching you sooner.

  8. #48
    Registered User Tessalicious's Avatar
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    Re: Famous with out consent?

    Quote Originally Posted by Barry Shnikov View Post
    Zat's r-r-right, Stanley.

    There is no principle in english law that anyone owns their own image.
    ESG has asked me to point out (and shame on you Barry, for not knowing this) that there is one important exception to this principle, rooted in the Copyright Designs and Patents Act 1988 (so he tells me) - of which section 85(1) states:
    A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have-

    (a) copies of the work issued to the public,

    (b) the work exhibited or shown in public...
    So it's at least arguable that if Vegetable and Zara had in mind that this picture was commissioned for private purposes, and unless they have explicitly waived that right, then the publisher of the photograph (and potentially also the photographer who authorised the publication) is in breach. Barry will be able to explain what the next step would be to pursue the matter.

  9. #49
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    Re: Famous with out consent?

    Quote Originally Posted by Christine Keeble View Post
    I know what I hope you'll do and that is accept my sincere apologies. I had already set out to try and identify you just as soon as my web designer told me on Wednesday that he had commenced work on revamping my website. Fortunately I put a call through to your dance teacher and he tipped me off that you are "Vegetable", told me who you are and promised me that he would get in touch with you. So here I am - very contrite and apologetic.

    I absolutely agree that permissions should be gained for such shots on websites. I went to considerable trouble to gain permissions from a dozen or so couples dancing at Britroc, having arranged this with the Britroc official photographer and also with the Britroc organisers (who were both supplied with a list of the dancers from whom I had gained clearances). These various couples agreed to come over with me to the mini-studio set up in the foyer of Britroc where we did some posed shots. I took their names and email addresses and said I would be in touch as and when the site was revamped.

    As all the photos are copyright protected the photogapher sent the photos to my webdesigner on disc. I live in France – the webdesigner lives in the UK – and he was far too busy to do my site before Christmas. I explained to the webdesigner that some of the shots would definitely have clearances but probably not all of them because the photographer was sending a selection. I said I might need to do some detective work once I found out which shots he wanted to use.

    Events have overtaken me and I arrive back from my holidays to find the webdesigner has been a busy bee in my absence and I am in a whole heap of trouble because the shot he wants to use is one of you! As you can see, www.howtojive.com is undergoing a dramatic re-vamp at the moment. Who knows what it will look like in three or four days time. If you would like your photo removed I will certainly replace it with a photo showing one of the couples on my list of consenting couples. (This would be a shame as you're so cute) If you would like it to stay I will be happy to make sure it gets the appropriate credit now that I know who you are.

    One of the posts mentioned Roger Chin and I can assure you that he gave his consent to the photo. He was one of the dance consultants on the How To Jive DVD.

    Please let me know and once again my sincere apologies for not reaching you sooner.
    Thank you...

    Main reason i was annoyed was the fact i was never asked if you could use the photo.

    And i dont know how zara feels about having the photo there but.. im not so botherd now but i would like to see my name there some where haha.. thanks

  10. #50
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    Re: Famous with out consent?

    Quote Originally Posted by Tessalicious View Post
    ESG has asked me to point out (and shame on you Barry, for not knowing this) that there is one important exception to this principle, rooted in the Copyright Designs and Patents Act 1988 (so he tells me) - of which section 85(1) states:

    So it's at least arguable that if Vegetable and Zara had in mind that this picture was commissioned for private purposes, and unless they have explicitly waived that right, then the publisher of the photograph (and potentially also the photographer who authorised the publication) is in breach. Barry will be able to explain what the next step would be to pursue the matter.
    ...which is why photographers usually have an waiver built into their Ts & Cs. But it's a good point: did Veg commission the photograph? I wonder what case decisions there may have been on what 'commission' means. I seem to remember it didn't help CZJ and Michael Douglas in their case against OK (or whichever one got the pirate photos) and they succeeded on other grounds (privacy, surprisingly, IIRC).

    (NB what someone 'has in mind' is not incorporated into contracts or professional relationships unless they happen to say it out loud!!)

    Give my regards to the old donkey.
    Last edited by Barry Shnikov; 12th-January-2008 at 01:18 PM.

  11. #51
    Senior Member Minnie M's Avatar
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    Re: Famous with out consent?

    Quote Originally Posted by Christine Keeble View Post
    ...... Fortunately I put a call through to your dance teacher ...........
    If you know the dance teacher then you know they dance Modern Jive and NOT swing ????? So why label them as swing dancers

    BTW it is a great photo and they both look fab, but it would be nice if they were 'labelled' as modern jve dancers


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