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Webmaster [∞]
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TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 9:11 AM
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TigerNet Elite [75834]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 9:15 AM
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I guess if he's going to sue he figured pick the deepest pockets
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All-In [27366]
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Yep.
Sep 17, 2020, 10:40 AM
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That's the way it works.
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CU Medallion [18892]
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LOL. They'll settle out of court for $15***
Sep 17, 2020, 9:19 AM
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Clemson Conqueror [11566]
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Freelance photographer should give classes...
Sep 17, 2020, 9:22 AM
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on how to ensure your work is never used by NFL players again.
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Ultimate Clemson Legend [98979]
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Photographer does have rights to his images & works, as all do or should.
Sep 17, 2020, 9:27 AM
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But, this will be resolved quickly due to DW4’s graciousness & goodness of being and all will be ok..
but it will cost him $50,000-$100,000 at a minimum.
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Clemson Conqueror [11566]
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Re: Photographer does have rights to his images & works, as all do or should.
Sep 17, 2020, 12:53 PM
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you have to ask how DW4 got access to the photos, especially without the photographers name being credited with a watermark or something.
I'm guessing the photos were posted on line, and I'm doubtful that efforts were made by DW4 to remove any identification of the photographer.
The guy certainly deserves credit, but don't circulate your work and then ask for credit after the fact.
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CU Guru [1944]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 9:23 AM
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Suing?? What an idiot, and a stupid lawyer at that. This will die out quicker than it became a story, and the guy will get about $12 out of this.
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Legend [15863]
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photos of himself no less
Sep 17, 2020, 9:24 AM
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interesting.
meh
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Freshman [4]
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Re: photos of himself no less
Sep 17, 2020, 10:50 AM
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I wonder why this photographer can take pictures of him for publication but doesn't have to have an approval or recognition from Watson. He gets paid and look coming outta the woodwork. Greedy POS freelancer. Take images for free of people but that person has to have permission to post a photo taken of himself. I thought this was America, the home of the free to choose.
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Freshman [4]
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Re: photos of himself no less
Sep 17, 2020, 10:50 AM
[ in reply to photos of himself no less ] |
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I wonder why this photographer can take pictures of him for publication but doesn't have to have an approval or recognition from Watson. He gets paid and look coming outta the woodwork. Greedy POS freelancer. Take images for free of people but that person has to have permission to post a photo taken of himself. I thought this was America, the home of the free to choose.
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All-Pro [703]
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Re: photos of himself no less
Sep 17, 2020, 11:23 AM
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I'm a photographer, and obviously you don't understand this industry. Photo theft especially on Instagram is very much a huge problem. DW4 definitely knew that going in and shouldn't have used the image. He will pay and I've seen others think he will only get 12 bucks out of this. Laws are in place for Photographers intellectual property and it will cost 6 figures and maybe 7 figures if it has to goto court.
NFL games are free reign for AP, ESPN, SI and other photographers to shoot. Players know this as they sign waiver agreements for photos.
Credit should have been given at the minimum and the photographer would have appreciated that. They don't make tons of money like some think.
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Orange Blooded [2723]
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Re: photos of himself no less
Sep 17, 2020, 11:30 AM
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Yeah it cracks me up reading all these comments from people that have no clue what the laws are and have no clue about the industry. I don’t either but common sense tells me that laws are in place for this stuff and the lawyers (you know, the ones who do this for a living) wouldn’t file a lawsuit unless they knew DW had done something wrong.
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Legend [7011]
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Orange Phenom [14255]
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You can download images onto your computer or whatever
Sep 17, 2020, 12:33 PM
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from sites that have actually paid the photographer for the rights to use the photo. Right click > save image as.
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Legend [7011]
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Re: You can download images onto your computer or whatever
Sep 17, 2020, 1:08 PM
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Yes of course. He may have done that idk. Either way they should have kept this private imo and talked to Deshaun about it.
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110%er [6938]
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Re: photos of himself no less
Sep 17, 2020, 12:47 PM
[ in reply to Re: photos of himself no less ] |
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You are correct and it's important to protect copyright. Also in response to some comments above, I'm assuming that Deshaun is considered a "public figure" now and the photographer didn't have to ask permission to take his photo in a public setting. Am I correct?
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All-In [10838]
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hahah nobody thinks photographers make a lot of money
Sep 17, 2020, 12:48 PM
[ in reply to Re: photos of himself no less ] |
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might as well have been an artist.
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Gridiron Giant [15184]
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Interesting question
Sep 17, 2020, 2:29 PM
[ in reply to Re: photos of himself no less ] |
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Does it hurt the photographers reputation to sue someone?
I understand they freelance, but at a certain point, would someone refuse to work with that person if they are deemed to be greedy (whether they are right or not)?
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Game Changer [1700]
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Re: photos of himself no less
Sep 17, 2020, 5:27 PM
[ in reply to Re: photos of himself no less ] |
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so, do photos that have already been compensated for use in the public domain retain liabilities for generations to infinity to the person in the photo?
Does the photog have to get permission from DW4 to take his photo(s)?
What happens when a photog takes a photo without the expressed permission of the subject of the photo without a licensing agreement?
Does a licensing agreement with the NFL by this photographer protect the photographer or the subject of the photo?
Wouldn't that photo have some shared ownership by the subject in the photo if taken under the umbrella of a licensing agreement?
I would greatly appreciate your answers neliconcept
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Tiger Cub [13]
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Re: photos of himself no less
Sep 17, 2020, 10:53 PM
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I don't know the answers to most of your questions, but many people think just because you can find an image via an internet search, it's public domain when that couldn't be farther from the truth. Almost all photographs have a copyright attached to them from the original photographer or the business that paid the photographer to take them. In order for something to truly be public domain, I believe the copyright holder has to release their copyright or make the image free for reproduction without consent.
My understanding of US copyright law is that the photographer's copyright is attached to an image the moment he/she releases the shutter. Moving forward, it's the photographer's right to release or restrict the image's use and distribution.
It was mentioned above that NFL players waive the right to their likeness (I assume) while on the field before, during, and after a game (and potentially other NFL-sanctioned events). If this is the case, Watson wouldn't have any say in how or where the images are used unless they violate other laws (defamation of character possibly).
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Game Changer [1700]
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Re: photos of himself no less
Sep 18, 2020, 1:12 PM
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shouldn't it be on the photog to properly copyright the image with a watermark or other "signature" so that it is clear that the image is not public domain?
For example, it is clear in two of the photos that DW4 is a representative of the Texans and the NFL, but one photo is of him representing only himself, nothing identifies him as a representative of the NFL in that particular photo other than his face being recognizable, but that is HIS face subject to his personal desires of being photographed or not.
What liability or fair compensation right do I have in taking a photo of DW4 at the mall with my camera? I'm very curious for a few reasons for my own liability and fair compensation...
neliconcept
Selkies
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Orange Immortal [67689]
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Something similar happened to us.
Sep 17, 2020, 9:36 AM
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Our website developer used an image they found on the internet for our website. We were contacted by the photographer and asked to pay $4000 for the use of their image. We settled for <$1000 and removed the image.
For PowerPoint presentations I use images I find on the internet, but I specifically search for images with no copyright restrictions and/or have free use conditions.
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Orange Immortal [68858]
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This is at most a $250 issue...
Sep 17, 2020, 9:38 AM
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but the photographer will likely want his attorneys fees paid too so don't be surprised if this guy is seeking damages in the $30,000 to $50,000 range.
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Orange Immortal [61287]
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Re: This is at most a $250 issue...
Sep 17, 2020, 10:46 AM
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Pay the money, then pay another fee to have that dudes teeth knocked out. That is the risk you take when screwing with someone just bc you can!!!
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CU Guru [1260]
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That would be a very expensive lawsuit***
Sep 17, 2020, 11:29 AM
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All-Pro [703]
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Re: This is at most a $250 issue...
Sep 17, 2020, 11:24 AM
[ in reply to This is at most a $250 issue... ] |
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Trust me this will be way more then 250 or the 30-50k for the attorney fees.
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Orange Phenom [14255]
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I dunno... Just common sense says this can't be a
Sep 17, 2020, 12:15 PM
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6 figure settlement. It's 3 pictures. Yes, the photographer is in the right, but how much can he reasonably expect to be awarded here?
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All-Pro [703]
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Re: I dunno... Just common sense says this can't be a
Sep 17, 2020, 2:36 PM
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3 pictures? I sold 3 pictures for 250k last year for an advertising campaign with licensing for 5 years. A picture has a ton of value. Again, unless you understand the industry, stop commenting on something you don't understand.
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Dynasty Maker [3576]
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Re: I dunno... Just common sense says this can't be a
Sep 17, 2020, 3:24 PM
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Yes and the industry needs change. If you take my photo, I should have the right to use my image regardless of who took it and when they took it. If you’re profiting from my image, I need the right to use it whenever and however I want. The players photography agreement needs to change, and I hope Deshaun will work with the players association to make this happen.
Regardless, the question should be (and I’m sure will be) asked...did the photographer reach out to Deshaun first or simply hire a lawyer? Seems as though this could easily be a strategy by photographers to target deep pocket athletes and then sue when they pick up their pics. Same thing is happening to a friend who was in a photo with Justin Bieber. Said friend posted pic on Instagram and is being sued by the photographer (for low 6 figures) after photographer reached out to both he and Bieber.
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Oculus Spirit [39493]
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Wonder if the photographer tried
Sep 17, 2020, 9:41 AM
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To get compensated thru communication first
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All-In [10261]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 9:41 AM
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In this day of instant social media, nothing is sacred or secret and there are attorneys just waiting to get rich off of that.
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TigerNet Immortal [164484]
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seems like everyone wants to GRQ these days.***
Sep 17, 2020, 9:42 AM
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Clemson Conqueror [11484]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 9:51 AM
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Translation of the last paragraph, "this photographer has had lots of NFL players use his pictures without permission before, but we heard this guy is popular and just signed a huge deal so we want to sue him".
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Orange Phenom [14260]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 10:04 AM
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LOL! Some of these responses $12? $15? Clearly many of you have never paid attorney's fees.
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Athletic Dir [896]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 6:27 PM
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While I agree that $12 or $15 dollars is ridiculous, attorneys' fees typically have little to do with the settlement value of a case (except perhaps in the context of what it would cost to try the case for the defendant), even in this case where attorneys' fees may, under certain circumstances, be awarded to the party that prevails at trial (in most circumstances in the US neither party is entitled to attorneys' fees, regardless of the outcome).
The last parenthetical is why there are so many lawsuits in the US as opposed to, say, Europe or the UK, particularly for personal injury cases on a contingency basis. In the rest of the world, there is no right to a jury trial for civil injuries and the loser pays the other side's attorneys' fees as a matter of course. That discourages, if not not completely hamstrings, ambulance chasers.
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All-TigerNet [5775]
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So, what is the deal when
Sep 17, 2020, 10:16 AM
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a photographer takes a picture of DW without having a signed release to use it, then sells the picture to a magazine or other business without paying DW a part of the income?
I can't believe that every picture taken by a photographer has a release or contract signed to go with it. If so, they would never have time to take pictures or play football.
Maybe DW can start suing photographers, newspapers, magazines and media companies and get his money back.
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Tiger Spirit [9372]
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When you are on the field in an NFL uniform, you
Sep 17, 2020, 10:50 AM
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don't own rights to your own image. the NFL does. Said photographer has to pay NFL a fee to be a licensed photographer. That being said, the guy is still a leech. Unless Deshaun was selling his photograph or profiting from it, he is not financially harming the photographer. Best case scenario is to give the guy a couple of grand, add a credit to your posts and move on.
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All-Pro [703]
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Re: When you are on the field in an NFL uniform, you
Sep 17, 2020, 11:26 AM
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And there in lies the problem. Yes he is harming the photographer financially. DW4 posts the image first and then it gets retagged over and over and over again, by smaller brands, outfits trying to make money. Social media is a vehicle for image spreading.
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Top TigerNet [30267]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 10:20 AM
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WHAT SCUM! “He has no choice but to sue.” He could’ve just reached out to DW4 and said hey I’m glad you like my photos but if you want to post them you have to purchase the right from me. 100% Watson would’ve understood and paid the man. But instead this scumbag and even bigger scumbag lawyer saw an opportunity to exploit this man because of the publicity he got from signing his big$$ contract. Bottom feeders like this make me sick.
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All-Pro [703]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 11:27 AM
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Who said he didn't?
I don't know what is more alarming, the stupidity in here or the ignorance about another profession that you can't at least see that DW4 might not be innocent in this.
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Paw Warrior [4770]
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Did Watson give this guy
Sep 17, 2020, 10:28 AM
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the right to take his picture?
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All-Pro [703]
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Re: Did Watson give this guy
Sep 17, 2020, 11:28 AM
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As soon as he signed a contract to play in the NFL he did..
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Varsity [106]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 10:38 AM
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Anybody notice they spelled Watson wrong
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Clemson Conqueror [11139]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 10:42 AM
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He should counter sue claiming he photographed him without permission. Sounds just as dumb as this gold digging soy ##### trying to get rich.
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All-Pro [703]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 11:28 AM
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Again... as soon as he signed the contract to play in the NFL, his likeness was already available for usage.
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Asst Coach [879]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 12:34 PM
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Why do people not understand that a credentialed photographer has the right to take a picture of his likeness? It’s supported by a contract. It’s the photographers work and livelihood.
You can take as many pictures of me as you want for $177 million. Lol
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Clemson Conqueror [11139]
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Tiger Titan [51133]
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Ole Todd Ellis
Sep 17, 2020, 10:47 AM
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Or some coot lawyer probably took this case...lol
The Photographer should have watermarked them, that’s what we do with Birthday Parties, weddings and horse shows.
For a small fee they can get the picture or purchase rights to the whole disk beyond the 10 free ones we take at the Farm.
To Deshaun it would be like me putting a quarter in a gum machine.
I’m so happy & proud for him and his family!
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Orange Immortal [61287]
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Re: Ole Todd Ellis
Sep 17, 2020, 10:58 AM
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It makes me wonder if the guy ever made any attempt to work this out with DW4 before obtaining a lawyer that DW4 will most likely have to pay also. Pay him, and have his A$$ kicked afterwards!!!
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National Champion [7904]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 11:22 AM
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What a bunch of crap.....DW4 should countersue this worthless POS for harassing him with this BS...... just a coincidence DW4 gets sued right after signing mega contract right.....Go Tigers!!!!
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All-Pro [703]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 11:29 AM
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You are a #######.. Lookup Copyright infringement and then ####.
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Orange Phenom [14255]
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All-TigerNet [5787]
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Where is that TNet lawyer when you need him...
Sep 17, 2020, 11:34 AM
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...to splain this crap.
GWPTiger® must be busy with slip and falls with all this rain.
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Trainer [49]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 12:01 PM
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Deshaun and his agent are likely reasonable people. I guess a $177M contract ups the ante for the photographer.
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Orange Phenom [14255]
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This will get settled out of court. Dw4 will give him a few
Sep 17, 2020, 12:11 PM
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bucks and never know the difference.
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Orange Beast [6130]
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We get sued quite often for same reason
Sep 17, 2020, 12:25 PM
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Almost monthly, we can count on one of our employees using an unauthorized picture on their social account. We always settle, and the standard settle rate is about $2500 per picture. We are the world's largest Media & Entertainment company (30 Billion dollar company) so there's a target on our back. But regardless of us being far wealthier than DW, the settlements are always about the same amount every time. The downside to wealth is everyone wants a piece of you. Comes with the gig.
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Dynasty Maker [3576]
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Re: We get sued quite often for same reason
Sep 17, 2020, 3:30 PM
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You work for Disney or ESPN?
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Orange Beast [6130]
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Re: We get sued quite often for same reason
Sep 17, 2020, 8:43 PM
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I’m a Sr VP for iHeartMedia
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Asst Coach [879]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 12:32 PM
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Just my $0.02. I’ve had this happen personally with some image use. It definitely isn’t as simple as $12 or $15 as some of you have suggested. It can be hundreds of dollars per violation to settle outside of court. That’s not knowing the ‘defendant’ and relevant pocket depth - it’s Deshaun Watson, so I bet the price tag goes up on the settlement.
Also, since an active suit has been filed, there are associated fees with the process itself outside of the copyright issue. These photos are effectively stolen. Since he’s a credentialed freelancer, he has a right to the photos and the use of them. I’m for him being able to protect himself.
Coincidentally, the free lancer probably benefits from having Deshaun share his work. They probably could have worked something out, but it’s beyond that now.
Last thing - to the guy who suggested Deshaun should have someone knock the photographers teeth out, you’re an idiot. Have some class.
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110%er [3665]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 12:34 PM
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Well the fact they have never pursued this before does not help the photographer’s case
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Asst Coach [879]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 12:35 PM
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Don’t think there’s a statute of limitations on copyright violations.
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Mascot [21]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 1:07 PM
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Who’s worse? The photographer or the lawyer?
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Game Changer [1700]
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they are both sewer bottom feeding worse...***
Sep 17, 2020, 5:40 PM
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Clemson Conqueror [12086]
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 1:09 PM
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Quote: "Mr. Sprecher certainly has no intention of making this simple matter any more contentious than necessary."
Yeah right!
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CU Guru [1524]
TigerPulse: 92%
30
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Does said photographer pay Deshaun for using his likeness to
Sep 17, 2020, 2:38 PM
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Make money?
Doubt it.
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Asst Coach [879]
TigerPulse: 76%
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Re: Does said photographer pay Deshaun for using his likeness to
Sep 17, 2020, 7:19 PM
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That’s not how it works for a credentialed photographer when someone is under a contract that allows for said photos.
You don’t get to have your cake and eat it to even if you sign for $177 mill...admittedly that’s a mighty big cake.
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All-American [578]
TigerPulse: 96%
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Re: Does said photographer pay Deshaun for using his likeness to
Sep 18, 2020, 8:03 AM
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Just wondering. If I happen to be in background of one of these photos (say in the audience), do I have the right to sue the photographer since I have not agreed that my image can be used.
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Orange Immortal [61406]
TigerPulse: 100%
60
Posts: 24079
Joined: 2011
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 6:39 PM
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So, did the photographer contact DW4 the other times the images were used? ("Since it has happened many times, he finally felt he had no choice but to retain our firm to help him resolve this matter.") I find it hard to believe that Deshaun would have continued using the images if he had been contacted prior to the last instance.
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Paw Master [16346]
TigerPulse: 100%
51
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 17, 2020, 8:02 PM
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Deshaun,
Write the check. Move on. Be gracious. And make a note to self for future reference.
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All-TigerNet [12666]
TigerPulse: 86%
47
Posts: 12291
Joined: 2011
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Photographer better hope I'm not on the jury.
Sep 17, 2020, 11:05 PM
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nm
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Orange Phenom [14523]
TigerPulse: 100%
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Photographer Lives Matter!***
Sep 18, 2020, 6:49 AM
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Recruit [97]
TigerPulse: 100%
10
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Re: TNET: Deshaun Watson sued over 3 Instagram photos
Sep 19, 2020, 3:07 AM
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DW #4 WATCH OUT PEOPLE OUT TETE WILL TRY TO GET YOUR MONEY
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