Hey Jim,
I know this is different from what you see in the US, but laws are often made different in other countries.
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Originally Posted by Jim_Gunn
This sounds very fishy. First of all most models or former models are broke and don't have enough money to actually sue anyone. Even if they threaten to sue via telephone or email , they almost never follow through on it. Even if they do have an attorney contact you, it almost never goes beyond a form letter which is sent solely in the hopes that the producer or company that owns their images immediately caves in to their bullshit demands. Even fewer still actually go beyond the point of having an attorney send a letter and file a real lawsuit- again hoping that the company caves in- and fewer still would actually have an attorney show up for an initial hearing in a civil court which makes this real.
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We're operating from France, where you can get a lawyer paid by the state if your income is low enough and that's what the two models did.
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Originally Posted by Jim_Gunn
So not only would all those unlikely events have to happen by not one but two models, but the company would have a pretty open and shut case if the model got paid and the releases and paperwork was in order. I don't know what country or jurisdiction you are in, but do you expect affiliates to actually believe that not one but TWO cases were filed by two different models, that they both went all the way through trial and that you were represented by an attorney twice and you lost both cases when as you say "a judge decided you need to pull all images"? By the way did the judge make a decision yet as you claim or is it "still in court"? Aren't those mutually exclusive?
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Both models did an interim relief procedure asking for the images to be removed and a juge granted them that while waiting for the final trial where we'll know who was right or wrong.
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Originally Posted by Jim_Gunn
Frankly, it seems much more likely that you guys just caved in to two models' requests to take their images down because A- you don't have the proper IDs, releases or documentation on file in order to defend yourselves; or B- you figure it's easier and cheaper to just give up immediately and shift the burden and hassle of removing the content to your affiliates.
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Frankly, if I could have saved myself from all the bashing because we've been forced to ask affiliates to cease to use the images, believe me I would have done it.