[ 3 / biz / cgl / ck / diy / fa / ic / jp / lit / sci / vr / vt ] [ index / top / reports ] [ become a patron ] [ status ]
2023-11: Warosu is now out of extended maintenance.

/cgl/ - Cosplay & EGL


View post   

File: 81 KB, 720x960, 6745_10151769216319050_2107917558_n.jpg [View same] [iqdb] [saucenao] [google]
6901064 No.6901064 [Reply] [Original]

So... I guess this is a thing now?

http://ajsessions.mypockybox.com/2013/06/cosplay-creepiness-its-not-just-for-fanboys-anymore/

>> No.6901079

in a nutshell
>I'm gonna sue for a picture of me in a public place
>I only gave the photographer permission to jerk off to it or make money on his website but not sell a pillow of my likeness

>> No.6901089

>>6901079
>public place
Oh boy. I agree with you, but you've opened a can of worms on that one.

>> No.6901108

ho-ly-shit

This is fucked up. And even with a release form the person selling the pillows most likely has no right to sell something like this, let alone selling the candid shots... Of course, the people involved should talk to their lawyers, or hire one, heck they could probably get together and hire a good one. The right to likeness is not just for people who have copyrighted their own face believe it or not.

>> No.6901115

wouldn't be surprised if the guy who printed them pulled the photos off some other guy's flickr stream or forum post or whatever

>> No.6901126

>>6901079
To be fair, I don't think anyone who has their picture taken would expect to have a body pillow made with it and sold to the public

Not much anyone can do it about it, though. Unless the vendor doesn't have the character liscence

>> No.6901154

>>6901126
My friend was at this con with staff members and said she went to con security and they were like 'nope, we cant do nothin'

I dont even get how this illegal. Said staff friend told me the vendor was trying to talk an obviously underaged girl into getting her photo taken and she was very uncomfortable looking.

What the fuck has happened to anime cons? fuck this creepy ass basement dwelling shit. Go back to your parent's home and jerk off to porn in your own time, not bringing it to cons and ruining it for everyone.

>> No.6901336

I saw this set up at animenext... did they make people sign something before having the photo taken?

>> No.6901348

she talk all about it on her tumblr
http://winkonthings.tumblr.com/post/52624743395/gentlemencinder-tallestsilver-lordjazor

>> No.6901353

This guy has been at cons for the last 2-3 years. Generally as an attendee with his photo area hidden. One time I found him behind bushes. Litterally.

But that's a place that some Anime Next people go for shoots. So it wasn't AS weird as it sounds.

This is the first year I saw him as a vender selling the pillows. That said he also sells a TARDIS pillow that is NOT a cosplayer. They could have kicked him out on "Bootleg Product" but then they had artists in there that would have been effected.

Technically he's not breaking any laws and cons can't ban him until he does something.

That said cons CAN black-list him and I imagine now that this story has come out most respectable cons will. I know other NJ cons that are based on Steampunk and so forth have been made aware and have put him on their "Do not accept" lists.

>> No.6901361

The Loki cosplayer admits she signed an agreement of some sort with the studio that used her image but that the agreement allegedly doesn't coincide within "the scope of business."

So I can't have an opinion about it unless I saw the form. But as a general rule of thumb--DON'T SIGN SHIT.
I would be completely on the side of the person who says they didn't sign anything but their image was used for profit anyway (as per the case of the Superman cosplayer?) but the second they're signing away the rights to their image? Yeah nah, nobody can defend that.
You consented to a written contract.

>> No.6901366

>>6901353
But isn't he breaking the law if he's doing this with pictures of underaged cosplayers??

>> No.6901372

I know there is a popular perception of dakimakuras being a lewd thing, but I doubt anyone would buy this particular pillow unironically to lust over.

It just doesn't look right. Also, 3DPD.

>> No.6901479

I'm definitely not going to claim I know how licensing works 100%. What strikes me as kind of ironic is the fact that a cosplayer would be pissed about their likeness being used when they themselves have stolen the likeness of another character to do the cosplay and are selling copies of their pictures in that cosplay.... as that character... for a profit (which one of the cosplayers who had their picture used for a pillow does).

Is it creepy? Absolutely!
Is it right? Morally, no.

Do not sign your likeness away... especially if it's to some crappy, small, company.... or vendor.

And always keep your eye out for crap like this. You have a right to protect yourself from creeps.

>> No.6901551

Ok, so if you just let a person take your picture at a con then he can't use that picture to make money right? You have to sign something in order to give them permission?

>> No.6901565

Why don't we just get this guy to make a body pillow out of a homestuck then the fandom will blow it up into like five different sexual molestation, harrassment, and copyright infringement cases.

>> No.6901568

>>6901064
..Would anyone even want this?
It's a shitty photo of an okay cosplayer on a shitty pillow.

>> No.6901575

For what it's worth, taking photos with permission is totally legal, as is sharing those photos.

However, selling that photo and using another person's likeness without permission or a release is quite illegal, because you are profiting off of someone else's appearance and work.

>> No.6901602

http://thegreypoint.wordpress.com/2013/06/10/cosplayer-pillows-the-actual-story/

>> No.6901604

>>6901565
Because nobody wants a Homosuck pillow, especially of any cosplayer.

>> No.6901606

>>6901602
I was just about to post that, but you beat me to it.

Also, while I'm here, let me throw in that Carrie Wink has got to be the nicest cosplayer I've ever personally met.

>> No.6901610

I want one how much?

>> No.6901611

>>6901361
>So I can't have an opinion about it unless I saw the form. But as a general rule of thumb--DON'T SIGN SHIT.

No READ SHIT before you sign.

Don't be afraid to make adjustments to a contract, too.

>> No.6901626

>>6901611
>No READ SHIT before you sign.
But generally it's easier just to tell people not to sign because it's a known fact that most people don't bother to read shit, ever. Even if it's important.

>> No.6901635

>>6901626
You'll miss out with your chance to work with the best photographers if you do that.

>> No.6901639

Illegal or not, wouldn't you find creepy to find a picture of you on a body pillow?

>> No.6901641

Wait, so let me see if I got this right, because the original article is very poorly written. It makes it sound like this random guy wad pulling shit off google and using it. That isn't the case though, correct? This is what happened?

>photographer takes photos of cosplayer
>cosplayer signs model release form
>guy uses the photos he took to make creepy body pillows
>cosplayers get offended, understandably, but he is doing nothing illegal

all signs point to you should have read the fine print

>> No.6901648

>>6901639
I honestly can't think of anything creepier to find my picture on.

>>6901641
Pretty much. But the models do seem to have a case, see >>6901602.

>> No.6901657

the people that fap to your body pillows have no doubt already fapped to your pictures on the computer many times

whats the difference?

>> No.6901663

>>6901657
Basically this. You're in a hobby that is extremely sexualized and public. If the idea that some awkward neckbeard living in his parents basement is fantasizingly fucking you, then maybe you should think about a different hobby, or not go out in public/have photographs taken?

>> No.6901668

>>6901657
I think profit and misleading usage is the difference.

>> No.6901726
File: 22 KB, 168x142, Tapping-the-paper-phoenix-wright-24340857-168-142.gif [View same] [iqdb] [saucenao] [google]
6901726

>>6901668
The word you're looking for is misappropriation. And again, if something's been signed, probably shit outta luck. That Superman might have a case though, however, DC would have more standing to sue than he does.

The argument here is whether people are buying the image of the character or the image of the person. The problem for the cosplayer is that unless they're super famous people aren't gonna be buying their image. They're buying the image of the character they're cosplaying.

>> No.6901737

>>6901639
I'd love to be on a daki, assuming I was getting my cut.

>> No.6901742

>>6901737
Lets do this then, find your cutest undies and we're gonna start a company for it.

>> No.6901745

>>6901742
Seconding. /cgl/ pillows.

>> No.6901760

whats wrong with having a cosplay waifu to cuddle to?

I think its kind of sweet

>> No.6901764

>>6901760
Cosplay waifu did not give consent for people slap a her visage on a pillow for sweaty groping.

>> No.6901766

>>6901760
Nothing wrong as all, as long as I get my cut.

>> No.6901773

>>6901064
I remember seeing a photo shoot set place thingy (i'm not good with terminology) in the dealer's room at AnimeNEXT and the sign pretty clearly said "we'll take your picture and put it on a dakimakura"

>> No.6901776

Legally, he does have full release forms, nothing you can sue him for.

Morally, it all depends on what he is pricing them at. If they are merely the cost of a pillow + printing, I see nothing wrong. It is as he says "Promotional Material". I doubt their would be any large money to be made in something like this 3DPD and all.

>> No.6901778

>>6901776
Being sold is not promotions use. If he was giving them out for people to jizz on for free, sure! But this falls into the realm of for profit and is there for illegal.

>> No.6901807

>>6901776
Whether or not the cosplayers read the fine print, this still falls outside of the agreed upon contract. But I shouldn't be contributing to another case of /cgl/ arguing about legal semantics.

BTW, the guy's deviantart is getting blasted, if anyone feels like contributing: http://imagesolutions2.deviantart.com/

>> No.6901817

>>6901778
Like I said before, it's generally only illegal if it's a celebrity. People aren't buying the image of the cosplayer, they're buying the image of the character being cosplayed.

People aren't going to buy a picture of YOU unless you're in the public interest. However, people will buy a picture of a sexy character.

There's a better chance that the companies who own the licensing are gonna tell him to knock that shit off. They have the money to file SLAPs

>> No.6901825

>>6901807
And as usual all of the deviantartlettes are being idiotic.
>U SCUM HOW DARE U PROFIT OFF OF POOR UNSUSPECTING COSPLAYERS DONT U REALIZE HOW UNCOMFORTABLE IT IS ALREADY FOR WOMEN IN THE COSPLAY SCENE!!!

Give me a fucking break people.

>> No.6901826

This is the fucking creepiest thing I've seen in 10 years going to cons.

How the fuck did this guy possibly think this was a good idea?

Especially when he already had a good thing going with the 360 photography.

>> No.6901828

>>6901778
It still counts as promotion even if there is profit. Here is an example: Buyfaggotry there is definitely profit in it, but it is still considered promotional for the series it is depicting.

In his case, his promotional material is depicting his 360 cameraing as it we clearly have a semi-360 pillow as promotional material does cover this.

So this is perfectly legal.

Also, gotta differentiate profit from revenue, there is probably no profit, there is reveune. Factor in cost of the pillow, getting a printing company to do this, booth, time (potential wages) and this would be a very poor way to make money.

Not saying that everything should believe this is morally correct, just like to point out there is no legal grounds here.

>> No.6901830

>>6901826
As creepy as it is, it's pretty fucking brilliant.

...Just bein honest...if I wanted to make money off of sad nerds, this is a surefire way to do it.

>> No.6901833

Why are people acting like this guy printed their images on dildos?
They're just pillows.

>> No.6901841

>>6901833
Cause the back sides of pictures of their butts AND he claims to sell at fetish shows since he does fetish photography

>> No.6901846

This is why when a photog at a convention asks you to sign something it should send off RED FLAGS. Get a copy of that shit and read it carefully. Newbs.

Dealer should still be banned for using photos that aren't his on pillows. And copyright stuff like tardis's

>> No.6901860

As someone who was actually at the con and who actually saw and went to the booth, you HAD to sign waiver release.

There were no sex pillows being sold contrary to what people are asserting and claiming.

People are blowing this way out of proportion.

>> No.6901863
File: 1.75 MB, 200x293, 1362292248319.gif [View same] [iqdb] [saucenao] [google]
6901863

>>6901602

>But it wasn’t until then that we learned what was on the back of the pillows…our butts.

>360 photo shots
>not expecting the back of your body to be part of the shots

Stopped reading right there.

>> No.6901864

This is why I don't allow pictures from professional photographers. If you offer me a contract with some compensation, have at it. If you just want a photo and then go off to use them for things without my knowledge or consent, fuck you. I'm not going to pay your bills unless you pay mine. I'd rather have guys fapping off to badly lit cellphone pictures of me than someone with professional cameras selling the same image to get cash from the same guys.

>> No.6901884

>>6901841
LOL.
And nobody thought for a second "Gee, I wonder why this photographer is trying to take pictures of me from behind...?"

What a bunch of retards, and they say most of them signed release forms for this shit? They don't have a pot to piss in. The responsibility is completely theirs for what's happening.

>> No.6901887

>>6901641
One person said they signed a contract but that only extended to certain things. Another person, the Superman, said he didn't sign a damn thing.

>> No.6901891 [DELETED] 

>>6901864
you do realize most cosplayers make the grand total of $0.00, right?

>> No.6901895

wtf

>> No.6901892

>>6901864
you do realize most cosplay photographers make the grand total of $0.00, right?

>> No.6901897

>>6901892
Until they start selling pillows apparently.

>> No.6901904

That article in question misses a lot of details about the situation.

http://thegreypoint.wordpress.com/2013/06/10/cosplayer-pillows-the-actual-story/

TL;DR - nothing can really be done unless it was proven that some of the images used were of minors, and even then, it's iffy.

>> No.6901910

>>6901154
>>6901126
The can't do anything. It's perfectly legal.

>> No.6901913

>>6901366
No. His photos, his property.

>> No.6901925

>>6901904

The one you just posted leaves out a LOT

>> No.6901978

>>6901825

Granted, some of the tumblr feminists there are being pretty melodramatic, but I think mass public shaming is a pretty damn good idea unless and until legal/civic action can be taken.

>> No.6901982

>>6901978

Not him, but there's a lot of stuff being thrown around that simply isn't true, specifically by people who were never at AN.

>> No.6901987

>>6901978
That's just it though, there is no legal action that can be taken. Even if there was no contract signing, the photographer has all the rights to reproduce photos however they please, even if it's something like that. The law is the law and there's nothing that can be done.

>> No.6901988

Alright, which one of you is Mac-A?

>> No.6901989

>>6901910

Could something not be done over the fact that these products are still arguably a breach of the contract, though?

Even if these people didn't read the fine print and were unaware of their rights and just went with it for the prospect of popularity and attention, the vendor is still operating outside of the written agreement.

And there's still the issue of him using photos of cosplayers who never signed anything at all.

Even if legal action can't happen, hopefully people are smart enough to blacklist him from cons.

>> No.6901992

>>6901863
More like not expecting the back of your body to be the ONLY used part of the shots (not including your tits).

This guy's pretty genius. 360 photo shoots are more subtle than blatant butt picture-taking.

>> No.6902000 [DELETED] 
File: 36 KB, 500x494, Das it Mane.jpg [View same] [iqdb] [saucenao] [google]
6902000

>>6901154
>tfw I had sex with a 15yo and 14yo in Kagami and Konata cosplay in school swimsuits
>tfw they had amazing asses

>> No.6902006

>photos of fully clothed minors
>child porn

Hahaha are you kidding me DA? Do you even know what pornography is? The worst tou could get him on is that a minor's signature isn't legally binding. You would need parental consent. Printing a photo of a person, fully dressed, on a pillow is not porn.

>> No.6902033

the cosplayers signed forms consenting for the photos to be used for promotional material.

he is selling the pillows for profit, which means they are commercial material, not promotional.

he is in breach of contract and everyone saying "oh hurr nuthin can b dun u shoulda read the fine print" need to stop talking.

in any case, I'm all for publicly shaming/zerg rushing his devArt. Don't let the SJWs ruin the fun of harassing a neckbeard. :3

>> No.6902048

>>6902033
>I'm all for publicly shaming/zerg rushing his devArt.
More people like you need to post there so I know who's batshit crazy and an SJW.
And where's the source stating that the contract that these people signed was specifically intended for promotional use only? Photographers sell their prints of cosplayers and shit all the time.

>> No.6902057

>>6902033
>lol we are leejun xD
If he's done something illegal, then the police should be involved. If it's a civil matter, leave it to the lawyers. Otherwise, you and all your like-minded internet vigilante pond scum need to fuck off.

>> No.6902065

>>6902057
it's civil only
getting the internet to rage is cheaper and easier though.

>> No.6902066

>>6902057
I'd personally love to see lawyers dragged into this just so people could spend hundreds of dollars on fees over 'damages' that just pertain to hurt egos and nothing actually illegal.

I'd really like to hear the case about the superman that claims he never signed anything and a few other individuals who say the same.

>> No.6902075

>>6901064

I know Dustin personally and that's really messed up someone made a pillow of him.

>> No.6902076

>>6901989
Photographers have the full rights to photos they take, they can do whatever they want with them, even if the person being photographed didn't sign anything. There's no legal issue here, they have all rights to distribution.

>> No.6902092

>>6902076
selling is where things get grey
that's where the lawyers come in handy
they know things a lot better than the non-lawyer internet does. one thing's for sure; if a lawyer doesn't think he can make money out of it somehow either by actual monetary gain or promotion which will lead to clients, he won't take the job on. i doubt this falls under either of those.

>> No.6902115

>>6902092
Not exactly. Selling is only an issue when it's not the photographer. In cases of tfd both parties have the right to claim, display and create personal items not to be sold, of the photos. However, if the person pays to be photographed all those rights belong to them, but if there are no terms agreed upon the photographer can do whatever they wish.

>> No.6902144

>>6902033
>I watched 2 episodes of judge judy and now an expert in law

You can see the legal:
http://www.theouthousers.com/index.php/news/122603-animenext-cosplay-pillow-maker-responds-to-controversy.html

>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.

The contract stipulates it COULD be used for promotion, but he could could technically be used for anything. (See "may include, among others").

There is zero breach of contract. Any ambiguity is up to the person signing to define what everything means so it can't be used for whatever they want.

You could say is you were under duress to sign and didn't properly read the contract, but the contract itself was not breached. The onus would be on you to prove you were under duress though.

To be a breach of the contract, you would need to prove it was pronographic (good luck with that) or it was defamatory (Which is only slightly easier than the other choice).

>> No.6902151

>Not known to me nor the AnimeNext dealers, another photographer had signed a multiyear noncompeting exclusive agreement with AnimeNext for photographing right.

lol what. wonder how that other photographer talked his way into that one.

>> No.6902178

>>6902151
No talking, it was a well crafted contract where AnimeNext has no one that knows how to read legal and ending up signing it.

Someone tried to hide a clause on me in a contract that would automatically renew the contract if it was ever terminated. Now that is sneaky.

>> No.6902229
File: 341 KB, 320x289, 1346835460215.gif [View same] [iqdb] [saucenao] [google]
6902229

It's like cosplayers suddenly don't want to be treated like models. It's really naive coming from all the efame whore cosplayers out there who aspire, if not claim to be models. Photographers have rights. This is nothing new. Don't like it? Don't let them take pictures of you. You can say no. Stupid sluts.
Cosplay = Choice

>> No.6902280

>>6902229
This just in
some faggot on /cgl/ proclaims that taking photos, now makes you a slut

>> No.6902283

http://www.theouthousers.com/index.php/news/122603-animenext-cosplay-pillow-maker-responds-to-controversy.html

>> No.6902282

>>6902280
Yes trolls often say ridiculous things to get replies.

>> No.6902797

>>6902280
this entire thread is faggots proclaiming things, though...

>> No.6902805
File: 21 KB, 361x312, 1342904471516.jpg [View same] [iqdb] [saucenao] [google]
6902805

>>6902283
>http://www.theouthousers.com/index.php/news/122603-animenext-cosplay-pillow-maker-responds-to-controversy.html

So this pretty much proves that the people claiming he was doing this "illegally" and without the "consent" of these cosplayers are a pack of retarded jackasses.
>>"Legally, I do have the right to reproduction right. Please download this attachment.() The first paragraph states '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.' And then they sign. I even try to communicate that it is a model release and provide examples like I would like to post it to Deviantart or other products. I try to communicate the information but I have very few seconds. Most of the time, people are not listen to me and sign no matter how hard I try to communicate the information. I am rather sorry that they insist that I am legally overstepping my bounds."

Read it and weep, whiners.

>> No.6902817

These girls are flattering themselves way too much. I'd buy an uguu anime girl pillow before I buy their fat, ugly asses.

They don't even need to worry about "profit"

>> No.6902841

meanwhile.. JNig be like "I GOT A GREAT IDEA TO MAKE MONEY NOW!"

>> No.6902849

>>6902841
Jnig would make stupid money if she did this. She would be printing money like she was the Fed

>> No.6902912

If I was this guy, Idbring out a WHOLE NEW LINE of pillows next year, the advertising hes gotten off the crazy bitches having a whine is amazing

>> No.6902962
File: 64 KB, 450x450, cutthatout.jpg [View same] [iqdb] [saucenao] [google]
6902962

>>6902805
>Read it and weep, whiners.
Okay, so it's an unenforceable contract.

>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 doesn't stick because "pornography" is not defined and there is no such thing as "legal pornography". Moron should have said "obscene" since that actually has a legal meaning. As is it's a subjective transfer of rights which can be easily defeated as unconscionable.

>> No.6902970

>>6902962
He didn't use "pornography" he used "pornographic." Second of all there is a legal definition for what constitutes pornography and all it takes is a google search to see what it is. Try again maybe?

>> No.6902975

>>6902912
oppai mousepads too, and butt mousepads. You know what i mean. I'd buy em.

>> No.6902976

>>6902962
sexual and pornographic aren't the same, you know. think pg13 vs R rated movies.

>> No.6902983

>>6902962
>unenforceable contract
I don't think you know what this means..

>> No.6902996

I laughed when I saw the Superman one.

>> No.6903010
File: 2 KB, 125x125, 1348275286669s.jpg [View same] [iqdb] [saucenao] [google]
6903010

this lady is obviously butthurt over everything that is her own fault

she did 360 shots (that means including ass shots)
gave away rights to them
then is confused when the rear shots are on a product (DOESNT FUCKING MATTER IF ON A PILLOW, its a product faggots)

besides her giving away rights to her ass shots is obviously saying she doesnt care if someone sells her ass, or that she wants the sexual attention.....

so why the fuck wouldnt she just be flattered that so many people are buying these pillows?

I bet she secretly is really flattered and gitty from it.

this is fucking stupid this woman is stupid I hope she eats a dick

>> No.6903016
File: 75 KB, 467x342, 1410398234_c341320704.jpg [View same] [iqdb] [saucenao] [google]
6903016

anon I bet you wish a crowd of boys were willing to spend money on a pillow of you.

>> No.6903098

>>6902841
>>6902817

I would like to think that even SHE has some kind of limit.

WHY THE FUCK ARE THESE CAPTCHAS HARD TO READ

>> No.6903117

>>6903098
well we all remember the print fiasco, right?

>> No.6903118

>>6903117
No, what happened?

>> No.6903132

>>6901884
>"Gee, I wonder why this photographer is trying to take pictures of me from behind...?"
Yes, because obviously the logical answers is "to put on a pillow!"

captcha: aduetit submissively
...

>> No.6903144

>>6903132
...so putting their asses on prints or mugs would have been better? What do you think happens when you sign away your rights to a photo and someone tries to take a picture of your ass?
What kind of intention did you expect?

>> No.6903296

>>6902805
That would cover the pillows if he was giving them away for free, but he was selling them.

>> No.6903313

>>6903296
>"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[...] marketing and packaging for any product or service."

It says marketing and packaging right there.

>> No.6903460

I don't know why cosplayers are such dipshits when it comes to releases.

It's real simple. If you sign a piece of paper that says the photographer can do whatever he wants with any pictures he takes of you, he can do whatever he wants with any pictures of you. You have no right to use the images in any way at all and no say over how they are used.
If you don't sign anything then US and EU law defaults to giving the photographer all rights, still. You have no right to use the images in any way at all and no say over how they are used.
If you sign something which specifially says you have some or total control over the images, THEN you can say how they are used and the photographer has to check things through you.

If you are in doubt about what you have or haven't signed, assume you have no rights to the images at all.

No, being in a photo does not grant you any rights to it. You only gets rights if the photographer signs them over to you. If they don't, you can't even put the picture on your Facebook or Twitter without asking permission. They can do whatever they want with them.

Stop giving photographers shit when you're the ones in the wrong. If you don't pay attention to what you're signing or if you don't bother to get anything signed then don't cry when you can't run the show.

>> No.6903469

>>6903010
this

>> No.6903474

You could argue that body pillows are usualy sold for sexual purposes and therefor the images are used for pornographic reasons.

>> No.6903488

>>6903474
>body pillows are sold for sexual purposes
So should we put censor covers on cucumbers in supermarkets now because a few horny people like to carve dildos with them and therefore they're inappropriate pornographic objects to children?
Come on, pillows aren't inherently sexual. I have a body pillow that I put between the crevice of my bed and my mattress.
Just because a user imposes their sexual needs onto an object doesn't make the object inherently sexual.

>> No.6903500

Neither are floggers but you still can't sell them to minors. Fetish items don't need to be explicit to be considered sexual legally.

>> No.6903502

>>6903488
It's a person in bed with you, how would that be taken any other way though? There's not an innocent reason to have a pillow like that.

>> No.6903507

>>6903474
Nope, they can simply be classified under 'gag gifts' like dildos and vibrators and even condoms. Pornographic and sexual still aren't the same thing regardless.

>> No.6903511

>>6903502
>It's a person in bed with you
No it's not....lol seriously?
So is Dora the Explorer and Spongebob Squarepants blankets and pillows inappropriate too because they're "sleeping" with kids? Please be trolling.

>> No.6903514

>>6903502
>thinking a pillow is a person just because it has a picture on it
Autist detected.

>> No.6903525

>>6903313
That covers promotional materials given away for free; not items being sold.

>> No.6903527

>>6903500
you can sell these to minors as long as there's no tits or vag...it's just a pillow.

>> No.6903533

>>6903460
>If you don't sign anything then US and EU law defaults to giving the photographer all rights, still. You have no right to use the images in any way at all and no say over how they are used.

Incorrect on that point. With no agreement, the photographer has no commercial rights to an image. He can put them in a gallery; he can't sell them on T-shirts or use them in a commercial.

>> No.6903562

>>6901828
This.
Thank you.
Everything he did was legal and within his rights of the contract the cosplayers signed.
However, for the people who didn't sign anything, like the Superman, those candid photos on pillows probably shouldn't have been made. That, is the creepy part.

>> No.6903565

>>6903525
You really don't understand what the terms "marketing" and "packaging" mean, do you?

>> No.6903568

See the marketing and packaging part is legally tricky. He could give way the image, package another item with the image on the cover (like say a sleave for a cd of prints)
But unless the batting in the pillow was the thing being sold and the cloth cover was "packaging" this does not fall under those rights.

>> No.6903573

>>6903533
Yes they do.

>> No.6903591

>>6903565
Enlighten us?

>> No.6903609

>>6903573
No they don't. You need specific permission to use someone's image for commercial purposes.

You can go outside and take a picture of the people on the streets and stick it in a gallery; but you can't use that same photo in, say, an advertisement without getting releases from anyone who's face appears in the picture.

>> No.6903613

>>6903609
That's not the same thing though, and yes you actually can do that, people do it all the time. However if you take a photo of someone and ask them for permission to take the photo, you can do whatever you like with it because it becomes your property.

>> No.6903622

>>6903591
You mean enlighten *you* because you're the only one that doesn't seem to understand that these terms apply to commercial and promotional use?

>> No.6903638

>>6903622
In other words, you can't explain it, so you're resorting to ad hominems?

>> No.6903647

>>6903613
No, you still cannot make a profit off of other's likenesses unless a release is signed.

>> No.6903649

>>6903638
>pls respond

>> No.6903656

>>6903647
Depends on the sort of profit.

You can sell artistic prints, you couldn't sell it as stock photography.

>> No.6903849

>>6903460
>you can't even put the picture on your facebook or twitter
lol like anyone bothers asking anyway. But basically you're saying that I could grab a camera and go to the park, and do whatever I want with the pictures of the people there, short of pornography?

>> No.6904162

>>6903849
honestly? yes. that's perfectly legal, especially in a place like a park. how do you think tabloid photographers get away with that sort of thing? rich people would jump at the chance to stop that sort of thing.

>> No.6904167

she looks like PT

>> No.6904406

>>6903849
Pretty much, as long as you don't use it for advertisements.

>> No.6904441

Actually you guys don't know your laws... I'd worry more over signing something then having a random candid guy take your pictures.

Yeah, if you sign something, your only covered for what the contract says. If there's nothing in that contract that states, 'The photographer can't make body pillows with my image', then oh well, might as well buy one?

If you've not signed anything and they're just take a candid photo then yes, if they use the photo in a lewd manner or to make money then you can take the steps to have them stop. You never signed anything saying they couldn't, so you can't ask for the money they made back or sue them, but you do have the right to bar them from future use of your image. Nothing more then that.

That being said, a cosplayer's 'manager' or whatever couldn't do it for them, they themselves would have to request that.

>> No.6905296

>>6904441
>but you do have the right to bar them from future use of your image
Not true. You can stop them from taking further pictures of you. Once a picture has been taken there is nothing you can do. Did you know that it is illegal to take a photo of a government building but even if the cops see you take it they can't make you delete it or stop you from using it? They can only stop you from taking it in the first place.

If you want to control how your image is used then you have to control what is taken of you to begin with. You have to get shit signed and you have to learn to say no in advance. If you don't do these things then you can't cry when something is used in a way you don't like or if you're not able to use a picture how you want to. Law doesn't make exceptions for cosplayers and lolis.

>> No.6906017

>>6901913
Minors cannot legally be bound by contracts, even if they did sign the release. If he used underaged cosplayers, it's illegal.