Quote from: roede-orm on January 08, 2015, 09:24

Do you have a PayPAL-Account? I don't like spread my card-nr. out in the world, and donate easy and sure via Paypal would be a solution.

I do have a paypal setup just for this

[email protected]

Donated.
ALL photographers with people in their portfolio should contribute to this cause to whatever extent they can. This is really important.

Is there no way to get a pro bono lawyer?

Quote from: No Free Lunch on January 08, 2015, 10:48

To put this half million dollars into our terms- at $.36 per image one would need to sell 1,388,889 images to cover this amount! So for me that would take over 30 years 

Just wondering if you made a typo? At 3800 downloads per month, you probably arent on the 0.36c tier.

Quote from: Semmick Photo on January 08, 2015, 10:58

Quote from: No Free Lunch on January 08, 2015, 10:48

To put this half million dollars into our terms- at $.36 per image one would need to sell 1,388,889 images to cover this amount! So for me that would take over 30 years 

Just wondering if you made a typo? At 3800 downloads per month, you probably arent on the 0.36c tier.

.38c so only 28 years. Just shows you how bad this lawsuit is to us! If she wins a lot of us will have to change what we shot- the industry will change as whole...

Nancy Wolff is an excellent choice. She is very knowledgable. I have hired Nancy to make training presentations to licensing staff at more than one stock company. She knows the ins and outs of model related problems and you will find her to be fair (no padded bills) and reasonable. There are many cases in the past of similar situations and Nancy is aware of them.

If I were an attorney, I'd go for a summary judgement right out of the gate...but then I'm not.

Quote from: bpepz on January 08, 2015, 11:05

Quote from: Lizard on January 08, 2015, 10:56

Quote from: Semmick Photo on January 08, 2015, 02:36

Is there no way to get a pro bono lawyer?

+1

Anyone should win that case defending alone just with facts from the text. If he looses best lawyer in the world wont help him because the case is fixed which I doubt in this case.

The guy should only think how he should pump his defending expenses and get the refund after the case from the person who sued him

All the lawyers I talked to said a refund even if I win the case is extremely unlikely, it just is not something that happens that much in civil cases, even in ridiculous ones like mine. The legal definition of frivolous and the common sense one are two different things, and judges are extremely reluctant to rule any case frivolous in even some pretty extreme cases. I also asked about if I did lose, could I file bankruptcy since I have n chance of ever paying $500,000, I guess even in that situation, because case is alleging a fraud element, I can't even file for bankruptcy, this is scary as hell.

 I am confident I will be able to win the case, but only if I get enough money to get through it. Going through the process of discovery and depositions will cost a gigantic amount of money because of the huge amount of hours it takes. When you are paying many hundreds of dollars an hour, this adds up really fast even for something that is simple, it is pretty frightening.

I openly dislike lawyers, I had 5 court cases in my life, 2 with lawyers witch I lost and 3 by representing my legal person of which I won 2 and settled in last on but that was my plan.


Anyways

If they had not ignored my side of the story, here is what they would have reported. She was an experienced lingerie and implied nude model, appearing on a magazine cover in such apparel.  I told her agent before the shoot it would be used for stock photography.  During the shoot I also told the model that the images would be for sale for stock photography and explained how stock photography works.  I explained to her that these agencies prohibit pornographic use in their terms of service..  Another person who often helped me from time to time was present during the shoot and witnessed everything.


If he had all that in written on that piece of paper that she signed he would be unbreakable in the case, but I think even like this way he cannot loose, but it highly depends on that model release and its content.

Obviously that contract or model release that people call it should be considered more seriously and photographers should not use first template of same that find on google but some legally unbreakable one which every average notary should be able to write if not the photographer alone with minimal research and fully protect them self.

The language of the release seems to be sufficient, that is not in question. The plaintiff is trying to get around it by saying I fraudulently induced her to sign it, which I did not

Ok, thats her right.

On which base will she try to prove that, because she has to clearly prove that and  that's the main question of the case.

Your whiteness importance will go into second plan because she will probably claim that you 2 work together and represent same side.

Secondly, whats her agent point of view, if photographer gets him on his side or even on neutral that only should win the case.

If I was the photographer I would seriously research and consider pulling accusation of breaking a legal contract and request coverage of all expenses that came as a result of that.


Then there is a possibility of requesting refund of all  losses because photographer reputation has been ruined with that case and newspapers articles representing one side only.

Maybe she will quit and settle on nothing when she know shell have to pay big time if she looses this one and there are strong chances she will.

Quote from: bpepz on January 08, 2015, 14:42

Quote from: Lizard on January 08, 2015, 14:31

The language of the release seems to be sufficient, that is not in question. The plaintiff is trying to get around it by saying I fraudulently induced her to sign it, which I did not

Ok, thats her right.

On which base will she try to prove that, because she has to clearly prove that and  that's the main question of the case.

Your whiteness importance will go into second plan because she will probably claim that you 2 work together and represent same side.

Secondly, whats her agent point of view, if photographer gets him on his side or even on neutral that only should win the case.

If I was the photographer I would seriously research and consider pulling accusation of breaking a legal contract and request coverage of all expenses that came as a result of that.


Then there is a possibility of requesting refund of all  losses because photographer reputation has been ruined with that case and newspapers articles representing one side only.

Maybe she will quit and settle on nothing when she know shell have to pay big time if she looses this one and there are strong chances she will.

I think she ditched her agent months before the lawsuit and nothing about her agent was ever brought up in court. She is claiming I never paid her as well, I have paypal receipts and facebook messages proving this. She probably does not want to bring up her old agent because she would end up having to admit I actually did pay her, and she was informed the images would be used for stock photography, which she is claiming she was never told.

If its not to late I would call the man asap