SultryKitten

Any Legals Out There?! Have A Question.

17 posts in this topic

Today I have been getting calls from jerks stating that they are seeing my ad on listcrawler, a site that has taken my pics from BP, and are putting them on their site. The problem with this is when us ladies contact these sites, they claim they can take our pics and put up whatever they want. It is wreaking havoc because some claim that we are cheap,  state services we don't provide, or are just plain advertising us in a negative light. What can we do legally? Are there any attorneys, or anyone that knows the legal side for adult workers that can shed light on how to protect ourselves, and get these sites to remove our pictures as they are not helping our business?

xoxo,

Samantha Sheppard

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your reviews should speak for themselves, if they still doubt you then they have issues, far as any thing you can do i dont know

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54 minutes ago, SultryKitten said:

Today I have been getting calls from jerks stating that they are seeing my ad on listcrawler, a site that has taken my pics from BP, and are putting them on their site. The problem with this is when us ladies contact these sites, they claim they can take our pics and put up whatever they want. It is wreaking havoc because some claim that we are cheap,  state services we don't provide, or are just plain advertising us in a negative light. What can we do legally? Are there any attorneys, or anyone that knows the legal side for adult workers that can shed light on how to protect ourselves, and get these sites to remove our pictures as they are not helping our business?

xoxo,

Samantha Sheppard

Sorry Samantha!!! Not good!

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58 minutes ago, SultryKitten said:

Today I have been getting calls from jerks stating that they are seeing my ad on listcrawler, a site that has taken my pics from BP, and are putting them on their site. The problem with this is when us ladies contact these sites, they claim they can take our pics and put up whatever they want. It is wreaking havoc because some claim that we are cheap,  state services we don't provide, or are just plain advertising us in a negative light. What can we do legally? Are there any attorneys, or anyone that knows the legal side for adult workers that can shed light on how to protect ourselves, and get these sites to remove our pictures as they are not helping our business?

xoxo,

Samantha Sheppard

   Their claim is worthless. There are laws involving stealing pictures. These idiots just do not understand or respect copyrights.

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55 minutes ago, SultryKitten said:

What can we do legally? Are there any attorneys, or anyone that knows the legal side for adult workers that can shed light on how to protect ourselves, and get these sites to remove our pictures as they are not helping our business?

xoxo,

Samantha Sheppard

 

 

sorry to hear this is happening to you samantha. your best bet would probably come down to filing copyright/trademark your photos/name (you would have to pay a hefty fee for trademarking wise). If the photos aren't registered they can be freely used on the internet which absolutely sucks (watermarks don't stand strong in most court cases). You can also look into rights of publicity or violation of privacy and wrongful appropriation. 

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What they are doing is illegal and they know it.  You can hire a lawyer and force them to take down the information, but that costs money...probably money you either don't have or don't want to spend, and they know that too.

As JR stated above (hope its okay I referred to you as JR...if not, please accept my apologies and let me know so I don't do it agan) there are copyright laws that they are violating.  You can contact the authorities.  They are betting you won't do that either.

I'm a believer in not letting people get away with bullshit.  But that's me.

You have to do what you feel is right for you.

if you know an attorney, ask him if he'll take a couple hours and write a letter to them.

Hope this all works out for you.

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1 hour ago, stevie-2249 said:

your reviews should speak for themselves, if they still doubt you then they have issues, far as any thing you can do i dont know

♥️♥️You

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The problem with advice you have so far us it ignores sone details .  For starters i bekieve that listcrawler us one if the sites that backpage owns or has legal connection to - there are more than one. If i am correct when you posted your pics to BP you gave them some sort of permission to use those photos on ANY of the sites they own or control. Bottom line not that simple  you need a real attorney, not an arm chair one. But there used to be some honest to goodness attorney members here so good luck.

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1 hour ago, ilovewomen said:

 

As JR stated above (hope its okay I referred to you as JR...if not, please accept my apologies and let me know so I don't do it again) 

 

  In your case...either "Sir" or "Mr. Wolfe "  ;)         ( J.R is fine as long as you don't pronounce it junior )

Back on subject, I got a site to stop using pictures of one of our deceased ladies,it just took knowing what to say.

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2 hours ago, wearelegion said:

 

sorry to hear this is happening to you samantha. your best bet would probably come down to filing copyright/trademark your photos/name (you would have to pay a hefty fee for trademarking wise). If the photos aren't registered they can be freely used on the internet which absolutely sucks (watermarks don't stand strong in most court cases). You can also look into rights of publicity or violation of privacy and wrongful appropriation. 

This is totally incorrect.  You hold a common law copyright on your photos, whether your register your copyright with the U.S. Patent Office or not.  No one can use your photos for any commercial purpose without violating your copyright, and if they do so without your permission, they are subject to prosecution for violation of your copyright.  It is not true that anyone can find and use photos on the internet for any purpose - the internet does not have its own set of copyright laws, a violation on the internet is just as subject to prosecution as a copyright violation in any other medium.

However, gr8owl does have a good point - if you  licensed the rights to your photographs to BP (which you did when you posted them) and, in their fine print that no one ever reads, you inadvertently extended that license to other sites they are affiliated with, you may have lost your right to contest the use.  You would still retain your copyright, even so.

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They did that to me last year! Uugghh. Submit a Takedown Order and let them Know they did not receive permission. They took a few days but eventually took my Photos down :) Contact form at very bottom of main page 

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No a legal, but per the following from T&Cs for BP, you pretty much give up any right to your stuff:

Quote

Use of Materials: 

Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary to you.

Goes on to say BP and their affiliates can do what they want with your stuff. Kinda what "gr8owl" was pointing to. 

Listcrawler site appears to be based in the Netherlands. Their T&Cs has list of what to send them to remove content you believe are violating copyright.

Looking like it might be tough to get your stuff off other websites. Possible, just not going to take a phone call. And probably won't stop as the list crawlers will not know what to crawl or not.

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2 hours ago, JRWolfe said:

 

Back on subject, I got a site to stop using pictures of one of our deceased ladies,it just took knowing what to say.

Yes, I've heard that is the key. I believe The appropriate Verbiage may be on "another site".

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Thanks Nikki and Laci! I will give you two a call as it involves more than just my pics which most of them were taken BY ME which, if I remember correct, skirts on infringement. Thank you everyone else for the help, and I will look into if it is a sister site to BP. Might be seriously considering dropping BP. Sad because I find a lot of good clients on there, but not at the cost of it hurting my business.

xoxo,

Samantha Sheppard

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It doesn't really matter whether you took the photos or not.  Generally, the copyright would belong to the photographer, but it can be transferred to the subject by a simple agreement between the subject and photographer.  For example, when I take portraits of YLs, I always give them the photos on a memory stick and let them know that they own the copyright and I retain nothing (except I look at them from time to time), so I could never use the photos at all, even to build my own portfolio.

There are so many myths about copyright.

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