An open letter to Mr. Michael Enoches of ME Publishing/Printing

[Edson Carlos]

Dear Mr. Enoches,

 

It is true that I am co-creator of PinupLifestyle.com, so as of this moment I will hang that hat up and install my "photographer" cap.  Please treat me as you would any other photographer you deal with.

 

It has come to my attention that one of my images was recently published in Tattoos "A Second Skin" Vol 1 Book, a book currently on sale via MichaelEnoches.com.

 

To start, I thank you for your appreciation of my work.

 

The footer of your book states "All images are used with permission and can not be copied in anyway shape or form without the permission of the models and their photographers." One would assume that since you took on the job of protecting my image from unapproved use, that you also would follow the same path to receive approval. Why was I not contacted? Did the model produce a contract stating she's able to utilize the image for commercial use? Was she not asked to produce any proof?

 

In this case the model and I had no contract in place, She IS able to freely provide the images as proofs for publications. This means 1 of 2 things, either you took her word for it and it could've bit you in the ass, or you simply didn't ask, which could bite you in the ass. Lesson here? COVER YOUR ASS.

 

 

You may or may not be reading this far down, having stated already that you're in the clear to utilize the image you could be thinking...

If you're still here I'll state the problem i'm still facing, It's unfortunate for ME that I didn't receive any notice of inclusion or request for permission to utilize this image. It's unfortunate for YOU that you likely published the image supplied to the model which in this case was a 72dpi 1024x1024 image hardly suitable for any form of print media. (see below)

 

 

Bluntly put, the joy a I may have had about being in your publication is quickly overshadowed by the fact that the image used was s*** quality. I'm now poorly represented in your book, and shame on you for publishing anything at 72dpi, I don't think i'd render a single period on a business card at 72dpi.

 

"Published" is a loosely tossed around term these days, the invention of on demand publishing has completely deteriorated the overall quality that was once a requirement for publication. Not to mention the flood of on demand publications out there saturating the industry handing out "great news, you've been published" notices to anyone and everyone. I speak for myself when I say I save my biggest smiles for when a publication with high quality standards approaches me to utilize my images.

 

I ask you Mr. Enoches, to post a well thought out reply to my inquiries and correct me where I'm wrong. I also ask you, and all publishers of the world to focus on and screen for QUALITY, not quantity. I want to be well represented by my work and am often completely OK with giving publishers the thumbs up to utilize an image. I can't speak for everyone, but in my case I do custom prep when something is going to be printed. Please don't take this like an Eminem type rant that makes you say "OMGEDSON how could you, I'll hate on you forever!". I speak to you in more of like a Morgan Freeman type tone stating my observations of our first time working "together" with hope that the next time will be different.

 

Edson Carlos

EdsonCarlos.com

[The Trousseau]

The problem with copyright law and the advent of the internet making it so easy and tempting to commit intellectual thievery, is that many people don't know the law, and so they take what isn't theirs, or they don't care, so they take what isn't theirs.  The flip side is that artists and writers lose out on what is theirs because they don't know the rules.  In this case, as soon as you take a picture, it belongs to you, unless you sign your rights away.  The model had no right to give the photo up for publication.  It would not matter if he credited you, if there was no contract in place, and you did not give him permission, he stole your picture.

[Michael]

Hello,
So about using an image that the model did not have permission to use.
I am sorry if I was mislead in that she had your permission.
The image was used in our new book Tattoos and is about 3x6 inches in the book. We check all photos for copyright info in the file through IPTC data. We did not see any restrictions.
We want to fix this asap. We have only printed a hand full of books.
We would like to know what you want to do. 
We can pull the image
Add more info to it
Again we are sorry and are trying to fix this issue ASAP with your help.
The model has been messaged about this and we are waiting her response.

We will try to get on the site and send more info their if you would like..
Thanks
Michael Enoches
201-577-4595 office

[Edson Carlos]

Hi Michael, this is a very appropriate response, thank you. I'm glad you didn't take it as me not wanting to work with you further.

Lets do this, email me the photo used and I'll prep a large print ready file for you right away. No need to involve the model, she's in the clear, the issue at hand is more about quality control than rights of use at this point in time.

I appreciate what you're doing in the industry, for many of the models getting published in any way shape or form is only a dream, you're bringing this possibility to the masses and with very specific niche offerings.

As i'm sure you can understand, my main concern is quality representation, I do this by screening which publications I allow to use my images and by ensuring every published shot gets reviewed once again with a fine tooth comb and prepped for print.

e

Michael said:

Hello,
So about using an image that the model did not have permission to use.
I am sorry if I was mislead in that she had your permission.
The image was used in our new book Tattoos and is about 3x6 inches in the book. We check all photos for copyright info in the file through IPTC data. We did not see any restrictions.
We want to fix this asap. We have only printed a hand full of books.
We would like to know what you want to do. 
We can pull the image
Add more info to it
Again we are sorry and are trying to fix this issue ASAP with your help.
The model has been messaged about this and we are waiting her response.

We will try to get on the site and send more info their if you would like..
Thanks
Michael Enoches
201-577-4595 office

[Michael]

Hello,

To all photographers please help me as well as yourself. The best way to protect your images is to use the IPTC Data or what is called Meta Data. When we get images in the first thing we look for is this info. This data can be added by you with a lot of different software (ACDSee Pro 4 and others). By doing this we can see when the images was taken with what camera and lens and speed and F-stop along with your name, address, phone, job info, copyright info and a lot more. As I am a photographer and understand you wanting to make sure you keep your rights to your great work. But please help and make sure you do this little step it will help both you (photographer) and me (Publisher) out so much. When I do a shoot I come back to my computer and load the files in then I run ACDSee and add my IPTC data with one click. It will tag all the images you just shot then no matter where they go it will be attached. It is like a digital finger print.

Thanks

Michael Enoches

This is not a stab or to put anybody down. I had to learn this to help with my work and I am passing it on to you. We all are working to the same goal of making that one super image that wow's the world and want to stand up and say that is mine and have nobody else say it is there's.

 

I hope this helps you all as It has helped me so much over the last few years of this high tech digital age.  

[Rob Neill Imagery]

*NEWS FLASH MICHAEL*  using IPTC  is not a way of getting permission for publication. I have an image you stole( used without permission)  in your Bettie book. It seems to me you have a pattern of stealing images for your books which are of low quality. I would have persued this with my lawyer but looking at your company it was our feeling that there was nothing to gain by suing you and your company (small time).   I would like to think you'd be a professional about this by actually contacting the photographer ( copyright holder) before publishing your books with stolen images. It does not take that long to send an email out .....  I don't mind being published in low budget publications such as yours but... I do REQUIRE being asked my permission first !!!  If I ever find out one of my images turn up in one of your "books" with out you asking me personally for my permission ... you will hear from my lawyer and I. You can bet on it !!!   REMEMBER  just because I don't put the copyright info in my IPTC info DOES NOT GIVE YOU THE RIGHT TO PUBLISH MY WORK WITHOUT ASKING !!!

[The Trousseau]

Actually, a cease and desist letter can be fairly easy to send-- here is a template, free of charge that you can use.  But I agree with you, expecting people to comply with one's wish list of rules while not complying with the law is a little... weird.

[Michael]

Hello,

Yes the IPTC data does not give me permission to use but helps me know about the photo and the rights need for the image. What image did I take from you in the Bettie Page Tribute book? So I can contact the model and go through the paper work and if needed remove the image...

Thanks

Michael

flatblackphoto V2.0 said:

*NEWS FLASH MICHAEL*  using IPTC  is not a way of getting permission for publication. I have an image you stole( used without permission)  in your Bettie book. It seems to me you have a pattern of stealing images for your books which are of low quality. I would have persued this with my lawyer but looking at your company it was our feeling that there was nothing to gain by suing you and your company (small time).   I would like to think you'd be a professional about this by actually contacting the photographer ( copyright holder) before publishing your books with stolen images. It does not take that long to send an email out .....  I don't mind being published in low budget publications such as yours but... I do REQUIRE being asked my permission first !!!  If I ever find out one of my images turn up in one of your "books" with out you asking me personally for my permission ... you will hear from my lawyer and I. You can bet on it !!!   REMEMBER  just because I don't put the copyright info in my IPTC info DOES NOT GIVE YOU THE RIGHT TO PUBLISH MY WORK WITHOUT ASKING !!!

[Rob Neill Imagery]

I will message you  the info ....