Forums > General Industry > When is it Theft of services?

Model

Dea and the Beast

Posts: 4796

Saint Petersburg, Florida, US

At what point is it Theft of services?
After 60 days Over the agreed turnaround time for Trade Images?
After 90 days?


I showed up, I did my job, thumbnails look good, no special demands/ requests re image processing was made ..

If course unforseen things happen but I run a business,  not a charity, nor am I chasing my Instagram dream.

This is not a rant from any recent happening, I had just never really given it thought what it means for working models to get fucked over and over again because the other party doesn't feel like they need to hold up their end of the trade.

Feb 10 23 01:35 pm Link

Photographer

Al_Vee Photography

Posts: 111

Asheville, North Carolina, US

Can we play an old school MM drinking game, while watching people fight on the message boards?

Feb 10 23 03:58 pm Link

Artist/Painter

Hunter GWPB

Posts: 8197

King of Prussia, Pennsylvania, US

Dea and the Beast wrote:
At what point is it Theft of services?

The state statute doesn't seem to have a time requirement.  I would argue that once the contract has been broken, it is theft. 
http://www.leg.state.fl.us/statutes/ind … 2.012.html

You know the standard advice is to tell you to talk to a lawyer.  You can try to talk to someone at your DA's office.  There should be a civil case.  Maybe Florida allows for private prosecutions.  I don't know.  If you can nail him with a civil case and criminal case at the same time, he may take notice.

Feb 11 23 06:42 am Link

Model

Dea and the Beast

Posts: 4796

Saint Petersburg, Florida, US

Hunter  GWPB wrote:
If you can nail him with a civil case and criminal case at the same time, he may take notice.

Except
1 Costs more than it's worth.
2 How do you quantify the work.
3 I' d have at least 50 suits simultaneously, I'd spend more time litigating than shooting. And that's just the ones I didn't block or "loose" their contact details.
4 nobody would sign a tf agreement to that avail, so the only way to prove anything is correspondence
5 I honestly dislike being looked at a lesser person by the law bc I happen to take my clothes off for the mortgage.

I mostly wanted the sleepy kids out there to start paying attention. Your backlog is not my responsibility.

Feb 11 23 10:02 am Link

Artist/Painter

Hunter GWPB

Posts: 8197

King of Prussia, Pennsylvania, US

Dea and the Beast wrote:
I mostly wanted the sleepy kids out there to start paying attention. Your backlog is not my responsibility.

Yeah, I know.  There are a number of people I woulda, coulda, shoulda sued but it is a hassle to lose a day's work to get paid for a days work.  The last one I won only because he didn't show up.  Stupid move.  I signed a contract with a corp and he went belly up.  If he showed up, it would have been dismissed.  I got about half what he owed me before he absconded. 

But there is one- yeah.  I am going after that guy.  Was acting like a dick, but said he didn't want to be a dick, but then was one of the biggest dicks I ever had for a customer- and I use to hunt with the dick decades ago.  Turns out the other guys that we hunted with already knew he was a dick.  I have heard a bunch of stuff about him since- but not a peep before.

I now go with the pay me up front or get someone else method.  But I know that won't work for ya'll.  Too many horror stories of models (and builders) running off with the downpayment. 

I got out of Federal jury duty once because I said I had sued people but I didn't believe in the court system.  The judge chided me for using the system and not having faith in it.  I told him that a baseball bat to the knee was a better method, but I would still have to get involved with the system.   

Well, there was also the fact that one of the attorneys was talking to floor, and after seeing me cup my ears and saying he would speak up, he didn't.  I told the judge I was going to vote in favor of the side I could hear.  He knew I was a problem.

But, like you, it pisses me off when these guys stiff you and other models for TF or prints after you paid for a shoot.  This work doesn't need to have all the extra aggravation the jerk-offs cause.

Feb 11 23 11:58 am Link

Model

Model MoRina

Posts: 6639

MacMurdo - permanent station of the US, Sector claimed by New Zealand, Antarctica

My understanding is that theft of services has to to have "intent" to be prosecuted, so in the case of a TF shoot, I don't think you could ever collect. There are too many excuses a photographer could come up with... software issues, hard drive crash, whatever.

Almost without exception, when I was making my living via photoshoots, I never did TF as I was able to fill my portfolio with images I received gratis from paid shoots. Sometimes I worked with people so many times who freely shared images that I would stop charging them for shoots. I did this because they earned my trust and their images helped get me more work. (When I was brand new I fell for the TF scam several times and never received images... and then realized I was getting great images from paid shoots.)

If I were still making my living by shooting with others, I would only do a TF with someone who agreed in writing to pay my full rate if X number of images were not received within 14 days. That way you have a document you can take to small claims court pretty affordably. Of course, that only makes sense if you and the photographer are in the same area, because it gets a lot more complicated when you have to file in another state.

Once I was given a check for a shoot and that check bounced. The photographer's promises of making good on it weren't materializing and a couple months passed. I asked an attorney "if I was paid with a bad check in Ohio by a photographer who lives in Pennsylvania and I live in Florida, where do I bring action against him?" And he told me "that sounds like a law school question, and I don't know the answer." I made lots of phone calls and never found the answer. I ended up shaming him on social media and he finally paid me 4 months later.  In reality, as someone making a living shooting nudes, a model has almost no chance of ever winning in court. Add in that your real name and all the details will then be a matter of public record and it's unlikely many of us will be willing to take things that far.

I also realize that your point was we have no recourse and that's why we don't jump at trade shoot offers.

Feb 12 23 03:36 pm Link

Model

Dea and the Beast

Posts: 4796

Saint Petersburg, Florida, US

Eloquently put, as usual.

In other news, I lost a sexual harrassment suit (Kia of Easton in Columbus, Ohio, sales manager couldn't help himself, and apparently I have an "ass like an 11 year old boy"... ) because Modelfuckingmayhem got subpoenaed all my images.

*sigh* 

The defendant's attorneys showed up with legit every last image I had every uploaded, under various names, never my real one, printed, on like, really good paper, in A3 format.. I should have asked to keep those. 

Of course MM never notified me.

I'm just another ho, who clearly is out to beguile and lead men to their dooooooooooooom so no sexual harassment and wrongful termination (after I declined about 9 advances, in person, in text, and then an outright solicitation, my deals started to get manipulated, and all of a sudden 'things weren't working out for me')...



I am about done with shooting with others, I have had a bunch of successful paid shoots recently , and a photographer from out of town hit me up, a really good one, and wanted to shoot a genre that I actually do not have fifty thousand of already, so I was giddy and said Yes to the TF.
Of course later he showed me his peepee, and wanted to see if I'd be cool shooting 'that type of stuff', so I had to make moves... of course now I can kiss my images goodbye.

OH yeah, got shamed and also blamed by the moderators for that by the way too... but that's for another story time.

So... yea, I am pretty much done shooting with anyone but my 5 goPros. watch out, Onlyfans!   lol lol lol


MoRina, you've always been a strong figure around here, I hope you will keep it up with the douchbags in the forums, someone has to tell them what's what and call them out on their shit. I'm starting to people hate too much, so I need a bit of time out.

Peace.

Feb 12 23 04:12 pm Link

Photographer

Aisbarika

Posts: 217

Washington, District of Columbia, US

Dea and the Beast wrote:
Eloquently put, as usual.

In other news, I lost a sexual harrassment suit (Kia of Easton in Columbus, Ohio, sales manager couldn't help himself, and apparently I have an "ass like an 11 year old boy"... ) because Modelfuckingmayhem got subpoenaed all my images.

*sigh* 

The defendant's attorneys showed up with legit every last image I had every uploaded, under various names, never my real one, printed, on like, really good paper, in A3 format.. I should have asked to keep those. 

Of course MM never notified me.

I'm just another ho, who clearly is out to beguile and lead men to their dooooooooooooom so no sexual harassment and wrongful termination (after I declined about 9 advances, in person, in text, and then an outright solicitation, my deals started to get manipulated, and all of a sudden 'things weren't working out for me')...



I am about done with shooting with others, I have had a bunch of successful paid shoots recently , and a photographer from out of town hit me up, a really good one, and wanted to shoot a genre that I actually do not have fifty thousand of already, so I was giddy and said Yes to the TF.
Of course later he showed me his peepee, and wanted to see if I'd be cool shooting 'that type of stuff', so I had to make moves... of course now I can kiss my images goodbye.

OH yeah, got shamed and also blamed by the moderators for that by the way too... but that's for another story time.

So... yea, I am pretty much done shooting with anyone but my 5 goPros. watch out, Onlyfans!   lol lol lol


MoRina, you've always been a strong figure around here, I hope you will keep it up with the douchbags in the forums, someone has to tell them what's what and call them out on their shit. I'm starting to people hate too much, so I need a bit of time out.

Peace.

Well, that's insulting of them. But, that's what they do, the monsters. Monsters, all of them.

Feb 22 23 07:28 pm Link

Retoucher

Natti_Retoucher

Posts: 22

Kiev, Kiev, Ukraine

Post hidden on Mar 06, 2023 06:09 am
Reason: violates rules
Comments:
Spam

Feb 23 23 12:43 am Link

Model

Dea and the Beast

Posts: 4796

Saint Petersburg, Florida, US

Natti_Retoucher wrote:
Hello! My name is Nati. I'm from Ukraine! I'm a retoucher, you can see my portfolio, if you need my help, I will be happy to help you.  I am in a wheelchair. This is my main source of income. I can take 1 free photo for you smile
[email protected]
https://nati-rh.site/

Have a nice day smile

This belabors my point.

Feb 27 23 07:31 am Link