DPChallenge: A Digital Photography Contest You are not logged in. (log in or register
 

Threads will be shown in descending order for the remainder of this session. To permanently display posts in this order, adjust your preferences.
DPChallenge Forums >> Stock Photography >> Farmer, Goose, State Fair, and no model release!
Pages:  
Showing posts 1 - 25 of 48, descending (reverse)
AuthorThread
09/25/2007 01:33:25 PM · #1
Originally posted by Slagathor:

Actually it would not be breach. A contract can be either verbal or written, but not a combination. That is a matter of contract law.


Right. With good reason. If it were otherwise, you could sign any contract you wish, and then attempt to sue for breach because you say the other party promised you something not specified in the contract and failed to perform.

It would be chaos.

R.
09/25/2007 01:06:18 PM · #2
Originally posted by muckpond:

[quote=idnic]
if the dude just signed a generic release form that says the photographer owns it, he's out of luck. but if the photographer verbally represented what the photo was for (the state fair) then had the model sign a generic release, then i would consider that a breach of verbal contract and the farmer has a leg to stand on.


Actually it would not be breach. A contract can be either verbal or written, but not a combination. That is a matter of contract law.

So his options were:
- Sign no release
- Sign a generic release and accept that other uses may occur
- Insist on a use-specific release
09/21/2007 09:35:20 PM · #3
Originally posted by MikeJ:

Originally posted by Spazmo99:

Originally posted by MikeJ:

Originally posted by pekesty:

Originally posted by MikeJ:

...Just like suits have ruined the insurance and medical industry....

Mike


So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


None what so ever. It's the people that want to sue for every little imagined fault of the doctor, nurses, staff or the janitor. People sue doctors at the drop of a hat because they think they will be set up for life. If you eliminated all the bogus and totally BS suits, then the legitamate negalagence type suites could be processed a lot faster... and our health industry wouldn't be in a shambles because good doctors can't afford to be doctors anymore unless they work for some giant medical corporation.

Mike


MMMM yeah, set for life, driving my wheelchair up and down the ramps in my house using my tongue to steer, eating through a tube while crapping and peeing in bags.

Yessir! That's livin' life!


If you READ what was said rather than reacting, you would see I'm talking about the people that have no legitamate reason to sue... they just want a free ride at someone elses expense. If what you say about yourself is true, maybe if the doctors weren't so busy trying to defend themselves in court by those that are out to just get money, they would be better able to perform their profession better. There are too many people in the world that always want to blame someone else for their own stupidity, carelessness, or lack of concern of what they do.

So how do you steer your wheelchair, eat through your tube, fill up your bags and shoot your 10D all at the same time?

Mike


Who gets to decide what's legitimate? You? The doctors being sued? Uncle Milton?
09/21/2007 08:23:00 PM · #4
Originally posted by Spazmo99:

Originally posted by Bear_Music:

Originally posted by pekesty:

Originally posted by MikeJ:

...Just like suits have ruined the insurance and medical industry....

Mike


So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


That's correct. NOBODY believes there should be no compensation for gross negligence/malpractice on the part of doctors. But the legal system in the USA, at least, is absolutely choked with ridiculous cases demanding grotesque amounts of compensation for things that do not, IMO, warrant it. The medical establishment is especially vulnerable to this, and the cost of malpractice insurance has gotten so high that the system is in danger of collapsing.

R.


Unfortunately, the only restitution the civil court can use is monetary compensation. If the judgements are limited to small figures, there is little disincentive to ruining someone else's life, whether that is done by maiming them in an operating suite or ridiculing them with an offensive greeting card.


There needs to be a balance though. How about you can sue for as much as you want but if your case is determined to have no merit and is dismissed, the defendant gets to collect from you in the amount that you were seeking yourself or you serve jail time for wasting tax payer's money.
09/21/2007 08:20:21 PM · #5
the gooses' lawyer can get you one right quick...


09/21/2007 07:59:47 PM · #6
Does anyone have a copy of what is considered a standard model release form?
09/21/2007 06:32:40 PM · #7
no, that's a seperate lawsuit. but the gooses lawyer is a quack, and hasn't gotten far with the proceedings...

Originally posted by DrAchoo:

Did the goose sign a release?

09/21/2007 05:56:23 PM · #8
Did the goose sign a release?
09/21/2007 05:35:45 PM · #9
It almost looks as thoght the goose is wearing a similar shaped hat to the farmer but missing the rim...
09/21/2007 05:23:36 PM · #10
Originally posted by Spazmo99:

Originally posted by MikeJ:

Originally posted by pekesty:

Originally posted by MikeJ:

...Just like suits have ruined the insurance and medical industry....

Mike


So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


None what so ever. It's the people that want to sue for every little imagined fault of the doctor, nurses, staff or the janitor. People sue doctors at the drop of a hat because they think they will be set up for life. If you eliminated all the bogus and totally BS suits, then the legitamate negalagence type suites could be processed a lot faster... and our health industry wouldn't be in a shambles because good doctors can't afford to be doctors anymore unless they work for some giant medical corporation.

Mike


MMMM yeah, set for life, driving my wheelchair up and down the ramps in my house using my tongue to steer, eating through a tube while crapping and peeing in bags.

Yessir! That's livin' life!


If you READ what was said rather than reacting, you would see I'm talking about the people that have no legitamate reason to sue... they just want a free ride at someone elses expense. If what you say about yourself is true, maybe if the doctors weren't so busy trying to defend themselves in court by those that are out to just get money, they would be better able to perform their profession better. There are too many people in the world that always want to blame someone else for their own stupidity, carelessness, or lack of concern of what they do.

So how do you steer your wheelchair, eat through your tube, fill up your bags and shoot your 10D all at the same time?

Mike

09/21/2007 03:59:35 PM · #11
Gota admit thats one fugly goose... ;)

09/21/2007 03:33:04 PM · #12
Originally posted by MikeJ:

Originally posted by pekesty:

Originally posted by MikeJ:

...Just like suits have ruined the insurance and medical industry....

Mike


So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


None what so ever. It's the people that want to sue for every little imagined fault of the doctor, nurses, staff or the janitor. People sue doctors at the drop of a hat because they think they will be set up for life. If you eliminated all the bogus and totally BS suits, then the legitamate negalagence type suites could be processed a lot faster... and our health industry wouldn't be in a shambles because good doctors can't afford to be doctors anymore unless they work for some giant medical corporation.

Mike


MMMM yeah, set for life, driving my wheelchair up and down the ramps in my house using my tongue to steer, eating through a tube while crapping and peeing in bags.

Yessir! That's livin' life!

Message edited by author 2007-09-21 15:33:42.
09/21/2007 03:06:48 PM · #13
There was a lawyer in NC a few years ago who went after OB/GYNs. He would find out if a baby was born with some kind of defect, then sue the delivering doctor for millions (whether the defect had anything to do with the delivery or not). At one point, NC was in a "crisis" state because of the number of ob/gyns willing to work in the state was declining so rapidly, apparently due in large part to this guy's "work."

Then, this lawyer decides to go on to bigger and "better" things using the money he got from the lawsuits (because when you get down to it, the lawyers are the real winners), so things are breathing a bit smoother in the tarheel state right now, and he is able to be able to brag about being for the "little guy."
09/21/2007 03:02:46 PM · #14
Originally posted by MikeJ:

Originally posted by pekesty:

Originally posted by MikeJ:

...Just like suits have ruined the insurance and medical industry....

Mike


So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


None what so ever. It's the people that want to sue for every little imagined fault of the doctor, nurses, staff or the janitor. People sue doctors at the drop of a hat because they think they will be set up for life. If you eliminated all the bogus and totally BS suits, then the legitamate negalagence type suites could be processed a lot faster... and our health industry wouldn't be in a shambles because good doctors can't afford to be doctors anymore unless they work for some giant medical corporation.

Mike


OK, sure...frivilous lawsuits never get thrown out!
09/21/2007 03:00:54 PM · #15
Originally posted by pekesty:

Originally posted by MikeJ:

...Just like suits have ruined the insurance and medical industry....

Mike


So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


None what so ever. It's the people that want to sue for every little imagined fault of the doctor, nurses, staff or the janitor. People sue doctors at the drop of a hat because they think they will be set up for life. If you eliminated all the bogus and totally BS suits, then the legitamate negalagence type suites could be processed a lot faster... and our health industry wouldn't be in a shambles because good doctors can't afford to be doctors anymore unless they work for some giant medical corporation.

Mike
09/21/2007 02:10:29 PM · #16
Originally posted by alanfreed:

I mean, if someone had taken out a full-page ad in the paper and put in big print, "ANRED E. MARSINKO IS A WEIRD-LOOKING DUDE WHO ENJOYS HAVING UNPROTECTED SEX WITH VARIOUS FORMS OF POULTRY!" -- Then I'd say he should get a hefty sum... but still nowhere in the neighborhood of $22 million.


Hey.... For 5M feel free to take out the ad.... I could live with it and you get a bargain :-) This is just another example of the out of control litigation in the US for stuff like this.

It would really depend on the exact wording of the release IF there was one. Either way, I doubt the stock companies will have anything stick since it would have been up to the orig photg to know what the terms of the release were.
09/21/2007 01:27:50 PM · #17
Originally posted by MikeJ:

Many people don't realize that once you get away from the corner that is near Wash. DC the state is a totally different state.

Mike


And THANK GOD for the difference!
09/21/2007 01:25:36 PM · #18
Originally posted by idnic:



Will he sue the newspapers for their use of the image as well?


Not successfully.
09/21/2007 01:19:56 PM · #19
Originally posted by Bear_Music:

I don't see that as an implication that all lawsuits are frivolous, just that Alan thinks this one is. And gawd knows we DO have a lot of frivolous and/or greedy lawsuits happening around us...

R.


You have crystallized my thoughts into words. While not ALL lawsuits (or even the majority) are frivolous, I see this as being one of our biggest problems in all of society nowadays. People in general have developed such a hugely inflated sense of entitlement nowadays, it's ridiculous.

So often we see stories where someone slips and falls on a sidewalk, and that person decides that, gee... the owner of the sidewalk is to blame, the people who poured the cement are to blame, the manufacturer of the cement is to blame. EVERYONE else is to blame other than the clutz who fell over their own foot. Ugh.
09/21/2007 01:19:51 PM · #20
Originally posted by Bear_Music:

Originally posted by pekesty:

Originally posted by Bear_Music:

Originally posted by pekesty:

Originally posted by alanfreed:

Sure, but people who decide to sue a doctor for $22 million because their baby was born with a birth defect despite the fact that the mother had spent her entire pregnancy on crack... those are the kinds of people who have had a LOT more to do with this.

Originally posted by pekesty:

So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


My point was simply that not every single lawsuit out there is frivolous. You guys have implied that every person that sues is some sort of greedy crackpot.


I don't see that implication anywhere, sorry.

R.


Originally posted by alanfreed:

It is rather ironic to think that by bringing the lawsuit up, the guy had to realize that the exposure of the shot was only going to be ratcheted up exponentially. This is another case of some doofus thinking that they've been wronged, someone has to pay, and this is his winning lottery ticket.


I don't see that as an implication that all lawsuits are frivolous, just that Alan thinks this one is. And gawd knows we DO have a lot of frivolous and/or greedy lawsuits happening around us...

R.


I doubt that anyone would feel the lawsuit was frivolous if they were being subjected to unwanted ridicule and that someone else had profited from it.
09/21/2007 01:17:28 PM · #21
Originally posted by Bear_Music:

Originally posted by pekesty:

Originally posted by MikeJ:

...Just like suits have ruined the insurance and medical industry....

Mike


So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


That's correct. NOBODY believes there should be no compensation for gross negligence/malpractice on the part of doctors. But the legal system in the USA, at least, is absolutely choked with ridiculous cases demanding grotesque amounts of compensation for things that do not, IMO, warrant it. The medical establishment is especially vulnerable to this, and the cost of malpractice insurance has gotten so high that the system is in danger of collapsing.

R.


Unfortunately, the only restitution the civil court can use is monetary compensation. If the judgements are limited to small figures, there is little disincentive to ruining someone else's life, whether that is done by maiming them in an operating suite or ridiculing them with an offensive greeting card.
09/21/2007 01:07:42 PM · #22
Originally posted by pekesty:

Originally posted by Bear_Music:

Originally posted by pekesty:

Originally posted by alanfreed:

Sure, but people who decide to sue a doctor for $22 million because their baby was born with a birth defect despite the fact that the mother had spent her entire pregnancy on crack... those are the kinds of people who have had a LOT more to do with this.

Originally posted by pekesty:

So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


My point was simply that not every single lawsuit out there is frivolous. You guys have implied that every person that sues is some sort of greedy crackpot.


I don't see that implication anywhere, sorry.

R.


Originally posted by alanfreed:

It is rather ironic to think that by bringing the lawsuit up, the guy had to realize that the exposure of the shot was only going to be ratcheted up exponentially. This is another case of some doofus thinking that they've been wronged, someone has to pay, and this is his winning lottery ticket.


I don't see that as an implication that all lawsuits are frivolous, just that Alan thinks this one is. And gawd knows we DO have a lot of frivolous and/or greedy lawsuits happening around us...

R.
09/21/2007 01:05:38 PM · #23
Originally posted by Bear_Music:

Originally posted by pekesty:

Originally posted by alanfreed:

Sure, but people who decide to sue a doctor for $22 million because their baby was born with a birth defect despite the fact that the mother had spent her entire pregnancy on crack... those are the kinds of people who have had a LOT more to do with this.

Originally posted by pekesty:

So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


My point was simply that not every single lawsuit out there is frivolous. You guys have implied that every person that sues is some sort of greedy crackpot.


I don't see that implication anywhere, sorry.

R.


Originally posted by alanfreed:

It is rather ironic to think that by bringing the lawsuit up, the guy had to realize that the exposure of the shot was only going to be ratcheted up exponentially. This is another case of some doofus thinking that they've been wronged, someone has to pay, and this is his winning lottery ticket.
09/21/2007 01:00:08 PM · #24
uh funny but....who cares.
09/21/2007 12:52:52 PM · #25
Originally posted by pekesty:

Originally posted by alanfreed:

Sure, but people who decide to sue a doctor for $22 million because their baby was born with a birth defect despite the fact that the mother had spent her entire pregnancy on crack... those are the kinds of people who have had a LOT more to do with this.

Originally posted by pekesty:

So doctors who have left patients dismembered or disfigured or disabled or in permanent pain or just simply dead...had nothing to do with this?


My point was simply that not every single lawsuit out there is frivolous. You guys have implied that every person that sues is some sort of greedy crackpot.


I don't see that implication anywhere, sorry.

R.
Pages:  
Current Server Time: 01/29/2020 06:58:29 AM

Please log in or register to post to the forums.


Home - Challenges - Community - League - Photos - Cameras - Lenses - Learn - Prints! - Help - Terms of Use - Privacy - Top ^
DPChallenge, and website content and design, Copyright © 2001-2020 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission.
Proudly hosted by Sargasso Networks. Current Server Time: 01/29/2020 06:58:29 AM EST.