before you ask no im not going to link it the problem is i agreed to take part in a porn site starting, singed contracts done some pictures as well as got other pictures of other ladies. put the site up etc and my partners have just left me out and only given me one payment, i was due. one of the partners decided to give up and see a women and apparently couldnt do both and left it to me and the other guy, i suggested we can do it between us but he took it upon himself to organise a string of web designers and hasnt consulted me on it. he has also put my pictures on another one of his websites thats not connected with me, i didnt agree to it but didnt say no as it pointed to my website. now they have their own members area for his website with my pictures and again im not seeing a penny. this has been going on for a few years now trying to deal with him and hes just fobbing me of. someone said that because he took the pictures of me they are his pictures, but ill paste some of the contract. Any mention of the parties or all three parties below should be deemed as those list above. "This agreement has been produced between the parties listed below to as a contract between each partner for the management and income from the above named website. The website is registered in the name of The Website Manager at their address (named above), though the “whois look-up†will be blocked as required. It is their responsibility to ensure that all records and administration of the site is maintained in accordance to all local laws and those required by the hosting company. Named Registration of the website does not indicate ownership within the context of this contract. All income from the website, gained by membership fees, referrals etc. will be received by The Website Manager who will divide the income equally between the three parties after any expenses incurred are settled. Such expenses include but are not exclusively, hosting, registration fees and charges from the billing company. In addition any expenses incurred due to banking charges, currency variations/charges in the transfer of funds from the website billing company are also included. Any expenses required for the production of video or still photographs (such as use of independent locations) will be agreed by all parties separately. Expenses which will not be deemed as chargeable back to the other two parties are items which can be consider to be used outside of this contract photographic equipment and necessary re-useable consumables, computer equipment and ISP charges, and in the case of The Studio, any lighting equipment" the website manager is the one that got the gf. "The intention is that all monies raised after expenses will be divided to all parties on a monthly basis. Though income from the billing company will be managed by The Website Manager, they will ensure that each party has necessary logins and passwords to allow direct access to the online management information systems maintained by the billing company so that each party can view the amounts earned and paid each during each period. The Website Manager will inform the other two parties of a variation of payment terms as dictated by the billing company." this hasnt happened. "All material produce exclusively for the website is the property of all parties and may not be used elsewhere with out the express consent of all parties." as i said hes put my pictures on another site without my consent. "For reasons of administration and laws governing website administration, a specially adapted Model Release Form must be signed by The Model and held by all parties. This release form will acknowledge that the ownership of material produced remains the shared property of all three parties under this contract." "The Website Manager, they will ensure that each party has necessary logins and passwords to allow direct access to the online management information systems maintained by the billing company so that each party can view the amounts earned and paid each during each period." i stopped having access to the billing site about 6 months into it and have not got it since. "In signing this contract each party understands that any of the other party may work on additional websites either independently or together, but such further involvement on any other website must not conflict with this above named website. Any other website to be managed in a similar way by all three parties is not covered by this contract and a separate contract must be sign for that particular named website" this never happened with my pictures on the other site. "In the event of the termination of this contract, all material and content will be continue to owned by all three parties individually with NON-Exclusive rights (including any content featuring other persons other than The Model). Any remaining hosting rights and domain name registration may be passed to The Website Manager upon sharing any remaining value in it, between the other two parties. However in the event of the continued hosting of the Named website, the predominate content must not be exclusively of The Model unless agreed by all three parties." i would like to terminate the contract but would like my pictures back and belonging soley to me for my use, hes not given me money or access to the accounts, and used my pictures elsewhere. what should i do? i dont mind losing some of the money owed to me if i can have sole use and ownership of my pictures. thanks
My best advice would be for you to consult a lawyer. Take all the documentation and statements of any income you did receive with you. Only a professional lawyer will be able to guide you in exactly which option are available to you. As for him publishing your picture without your consent, that might be viewed as a breach of your right of publicity (especially since he is profiting off of it). That will however depend on the terms in your model release form. Seeing an actual lawyer would be your best option though.
Well, since this has more to do with the business agreement I think that a general/business lawyer should be able to help you. However you could also consider seeing a lawyer that specializes in internet law.
Depending on where you live, the local bar association should be able to refer you to the right kind of attorney. Also, they ususally have a very low fee for an initial consultation. Search Google for: CA [replace with your state abreviation] and bar association Then just look for something about referral. Most state bar associations or local city bar associations offer this service.