Body Pillows of Cosplayers Sold Without Consent

Jun 10, 201310 min read

Deviation Actions

Published: Jun 10, 2013

22.3K Views

On this episode of They will steal your photos and sexualize you whether you like it or not, we have a photographer selling body pillows with prints of cosplayers on them (front and back, just in case you didn't get the idea of a body pillow) at AnimeNEXT.

Marie Grey, a cosplayer of a Dark Phoenix pillow has her side of the story here

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Image Source: theouthousers.com

Currently, the geekosphere is waiting for the photographer to respond to accusations of using images inappropriately.
Some models may have signed a licensing agreement allowing him to use their photos and likeness, but were not aware of and did not agree to body pillow printing. That kind of business should be told up-front immediately in a contract. As well, not checking to see if a model is underage is legally and morally reprehensible.

Since I'm not a cosplayer who attends cons, my photos are not involved in this, but with the trouble I've had with theft in the past I can absolutely sympathise with cosplayers who feel explaoited and who would certainly not see a penny of the money taken in despite having their images sold in such a creepy and demeaning manner.

UPDATE: The Photographer has responded by saying he is legally in the right and has publicized the contracts these models reportedly signed.

Let's take a look at that contract, shall we?

2 Image Solutions
Www.2imagesolutions.com
Model Release
For Consideration herein acknowledged as received, and by signing this release I hereby give the Photographer / Filmmaker and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio- visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer / Filmmaker and / or Assigns for descriptive purposes.
I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.
It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.
Definitions: "ASSIGNS" means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company. "CONSIDERATION" means $1 or something else of value I have received in exchange for the rights granted by me in this release. "CONTENT" means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. "MEDIA" means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. "MODEL" means me and includes my appearance, likeness and voice. "PARENT" means the parent and/or legal guardian of the Model. Parent and Model are referred to together as "I" and "me" in this release, as the context dictates. "PHOTOGRAPHER / FILMMAKER" means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me. "SHOOT" means the photographic, film or recording session described in this form.

Here is the contract in whole, below is my commentary.

2 Image Solutions
Www.2imagesolutions.com
Model Release
For Consideration herein acknowledged as received, and by signing this release I hereby give the Photographer / Filmmaker and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory)

This already opens with avery vague and confusing statement. "For any reason and any purpose?" If you read those words anywhere on a contract, RUN LIKE HELL.
Below is stated a definition of terms, but they did not define what "pornographic or defamatory" means. In this case, the photographer is arguing that the pillows are "keepsakes" and are not sexual in nature. The contract does not clearly define what is considered sexual in nature.

which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio- visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer / Filmmaker and / or Assigns for descriptive purposes.

I'm not sure what he means by "ethnicities", but when using a cosplayer's image for promotional purposes, you would assume that the product would also have the company's name or logo on it. Otherwise, what are you promoting? Promotional items exist to promote. These logoless items seem to be sold for their own existence alone.

I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.

RUN AWAY. RUN LIKE HELL.
You need to at least be able to further negotiate your contract considering that you've agreed to have no rights to it. This is shady, over-reaching and awful. No one should be bound to a contract like this.

It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

This means " I can keep your personal information, share it with whoever I want, and share it in places where copyright and privacy don't exist, which could then be transferred back to places like the states, avoiding those pesky privacy and copyright laws."

Shady.
As.
Hell.

Definitions: "ASSIGNS" means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company. "CONSIDERATION" means $1 or something else of value I have received in exchange for the rights granted by me in this release. "CONTENT" means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. "MEDIA" means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. "MODEL" means me and includes my appearance, likeness and voice. "PARENT" means the parent and/or legal guardian of the Model. Parent and Model are referred to together as "I" and "me" in this release, as the context dictates. "PHOTOGRAPHER / FILMMAKER" means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me. "SHOOT" means the photographic, film or recording session described in this form.

This contract can be essentially summed up with "I get everything forever and you get nothing nah-nah-nah bo-boo". While it may be held up in a court of law, it is completely unethical, especially if such a contract is being signed on the spot by underage cosplayers who have no familiarity with contracts.

1) Contracts, and the materials they represent should expire. And with promotional material like this, they should expire quickly. I.E. you can use a cosplayer's image for one con season, or three months, or a year. Not forever and without end. If the images are especially important, there should be a renewal option for when the content expires.

2) The cosplayer should own their likeness and the images. They are licensing them to the promoter to use. The promoter should not own the cosplayer's image or likeness in any way, and certainly should not have exclusive rights.

3) There should be up-front information about what "pornographic" and "defamatory mean.

4) There should be up-front information about what "promotion" means and whether profit is involved. Promotional items are given away for free to promote a company.
This is a logoless item being sold for profit. This does not seem to fall under known promotion practices.

5) You should check a model's age before asking them to sign a contract and if a model is underage, you legally need the parent's permission before you can go ahead.

And that is just the tip of the iceberg here.