Re: [messengers] kenda / creacy / shutterstock - a responce

Date: 1 Dec 2010 01:11:28 +0100
From: Corey Hilliard <coreythecourier@xxxxxxxxx>

I have not heard anything about Kenda and Marco yet, but I believe it is
safe to buy their products without calling them nasty names.

Here is the response from "S.v. Luma", the photographer:

Hi Corey,
I am wondering if you are his representative, or lawyer, or just a friend?
We took this picture on the street, and the person is unrecognizable. There
are no logos anywhere in the photo, and his face is blurred as well. It
might as well be someone else with the same shirt and bicycle. Shutterstock
accepted this photo without a model release form because the person is
unrecognizable, it is in their company policy. So let Marco contact me
personally if he wants, if it is him in the picture, and we will start a
dispute with Shutterstock. They have the rights to this photo; I don't have
them any longer. If you look at the photo, Shutterstock's copyright is on
the photo. In the photo I am attaching, on the right side it says release
information: N/A. If model release was necessary, I don't believe
Shutterstock would have accepted the photo.
S.V. Luma

No release form was signed. Bingo!

Corey the Courier
power of the pen...

On Tue, Nov 30, 2010 at 9:12 AM, Corey Hilliard

> It appears to be a case of: "I thought you were going to call me". Now
> Kenda is fully aware of Marco's dislike of his image used without permission
> and Marco is aware of Kenda's willingness to settle the matter. Today Marco
> will call Kenda Tires.
> I'll forward the results of the coversation with Kenda later when I return
> from rolling around Manhattan.
> I received a standard automatic email response from Shutterstock, the
> company that sold the photo to Kenda, saying a representative would directly
> reply at a later time. In the email I described the problem with Kenda and
> the existence of a release form signed by Marco.
> I will also forward that response as well.
> I notified S.v. Luma about the problem with Kenda, Shutterstock, Marco, the
> abscence of a release form, bikers who dislike being exploited. I await his
> response on Facebook.
> Thanks for your assistance and letters to Kenda.
> Corey the Courier
> the pen is mightier than the sword...