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12 Sep 2009 - 22:1919573
NEO Magazine - what are you thinking?
So I've got a bit of a bee in my bonnet.
NEO featured me in the Cosplay Corner of their latest issue (#63, October 2009), and neither did they obtain a consent form from me (which I believe they are legally required to do), nor notify me that I'd even been featured.
In addition to this, the photograph they used was one taken by a close friend of mine - Fez Kuro - and they didn't contact her for permission to use her work in their publication. The only places they could have lifted it from were Facebook or DeviantArt, neither of which are redistribution sites, so they must have known exactly what they were doing.

Since raising this issue in a status on Facebook, it's come to my attention that this isn't the first time NEO have pulled a stunt like this, with the lack of consent forms, notification and whatnot.
So just out of curiosity, I wanted to ask whether anyone else out there has had the same problems?



Last edited by Kitsu Aria (12 Sep 2009 - 22:20)
12 Sep 2009 - 23:1319578
ive been in neo a few times also my sis amy she been in there about 9 but it all way the picuters that I send in via email cosplay conner has a email that pople send there cosplay pic maybe someone eles send it in that all i can think that could of happen



Last edited by hitmanx2 (12 Sep 2009 - 23:20)
12 Sep 2009 - 23:1719579
That really is very strange Oo Unless people have been posing as you and the others, that's actually quite scarey.

The least they could of done was tell you that you are going to be featured. x_X Yeesh!


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12 Sep 2009 - 23:5419583
Neo don't ever get in contact with the people they feature. At least, I never heard of it. So that's not very uncommon.

The general thing is that if you enter a competition, you usually automatically consent to being featured. There's usually some kind of clause mentioned.

If you're unhappy about it, I would suggest getting in contact with the magazine itself.


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13 Sep 2009 - 00:0519584
If they have taken IP from the original owner without consent they are breaking the law, and even if they aren't through some get out clause it's HIGHLY unprofessional. It should be general practice to have any person appearing in a publication or film to sign a release form explaining the nature of the form and to what extent they wish to use the photo, footage or whatever. This includes any photo manipulations.

I had to write extensive release forms for my documentary, explaining just that. Although the only perople I've ever seen ask people to sign release forms in the cosplay world are the Cosplay Fever guys. I always thought that NEO's cosplay section was stuff which was emailed to them or they had asked permission to use the image from the photographer and cosplayer.

We're you or Fez credited for the contribution out of interest? (I'm going to try and pick up a copy of the magazine tomorrow to see how they handled the article.)


13 Sep 2009 - 00:0819585
Hey Kit,

Firstly this isn't an issue with NEO magazine, it's an issue with me.

I can only deeply apologise for not speaking to you or Fez about using the photos. I can't remember where exactly I got the photo from but it wasn't DA or Facebook I don't think.

I've never been asked to get consent forms before and I had assumed you would have agreed to have allowed the costume to be used as part of the competition. NEO have now made it clear that I need to obtain express permission from the cosplayer in the future.

I can only sincerely apologise if you feel upset by this, I had just wanted to show off the winners of the competition and had sadly left the article to the last minute so didn't have time to get in touch with you or Fez about using the photo specifically.

Edit: In addition, I only found out it was Fez's photo from this incident. Otherwise I would have credited her like I did Nert. I do not have a contact address for her, but would like to extend my sincerest apologies to Fez as well.

I've spoken to NEO to explain that it is my fault as they contacted me after you and Fez emailed them.

Once again, I can only apologise for this. I've sent a copy of this message to your email.

Regards,
Mark


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Voice Over/Actor - Presenter/Host - Geek/Gamer
www.markhulmes.co.uk

Last edited by SherlockHulmes (13 Sep 2009 - 00:23)
13 Sep 2009 - 01:3419586
Mark -

Firstly, thank you for 'fessing up ^^; I wasn't really sure whom I should be addressing the issue to, but please understand that my beef here is not with anyone in particular; only with the principle of the thing.

The reason I assumed DA or Facebook is because those are the only two sites on which the photos were posted (though I now remember it's also on my CI account), and since it came from a private shoot rather than a con-arranged one, there's nowhere else it could have come from.

That aside, I'm certain Fez would have been very flattered to know that you had an interest in using her photography for the magazine - but you can imagine why it was a bit of a shock for her to find it already featured when she hadn't given her permission or even been notified about it. She uses her photography as a means of earning a living, and as such, she's quite careful about where it goes and who it's used by.
As for me, it's obviously not the same since you're not using my 'work', and it's not an infringement of copyright - I'm also very flattered you wanted to showcase the cosplay. However, finding I'd been featured without any warning was also something of a surprise, considering there'd been no notification and also that, at the time, I had no idea how the photograph had been obtained and by whom.

All that said, it's safe to say the misunderstanding's been cleared up now, so thank you very much for your explanation and I really hope I haven't offended anyone personally in raising this issue - as I said, it's not the people involved I have problem with, only the principle of the thing.

Thank you very much for your help and your honesty! And seriously, no sweat about leaving the article till the last minute - that happens to the best of us XD



Last edited by Kitsu Aria (01 May 2011 - 15:29)
13 Sep 2009 - 01:4319587
No problem,

I just wanted to clear the situation up as this wasn't really anything to do with NEO but rather my own blunder. ^_^;

As I said, I really hadn't known it was Fez's photo, I must have grabbed it from CI as obviously I had known you were a winner but didn't note it was one of Fez's photos. I can only apologise once again and assure you I hadn't intended any harm.

I've come to an agreement with NEO that from now on I will only be using photos that I take myself, or they will use ones submitted directly to them. Both myself and NEO would not like to cause this sort of upset again and I can *totally* understand both yours and Fez's situation in this.

I really just wanted to show off the winning costumes as all of them were incredible. Your doll is a fantastic piece of costuming and a very good example to showcase in NEO. Likewise, it was a great photo by Fez and complimented the costume very well.

Please understand that no upset was intended.

Myself and NEO will both be using this as a chance to grow professionally and improve.

I'm glad my message has helped clear up the situation and really, I am very sorry for any upset caused to both you and Fez. It was absolutely not my intention to "steal" anything or showcase anybody who didn't want to be.

Congratulations once again on your costume!

Warmest regards,
Mark


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Voice Over/Actor - Presenter/Host - Geek/Gamer
www.markhulmes.co.uk
13 Sep 2009 - 08:2319588
Weird question, but what else is in the article? I want to know if it's worth a trip to town for me to pick up a copy or not. Is it just a general ayacon article or something?

-Tab


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13 Sep 2009 - 10:2619591
Having skimmed the article, it's just general Ayacon stuff.


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14 Sep 2009 - 00:0819616
Although it's not always possible, I think it'd be a great idea to contact the people being featured just so they have a chance to buy the issue (Louise and I only found out through Facebook).

The only problem I found with the lack of communication is that there was a mix up with my costume and I was put down as the cosplayer for The Rain. (I made it but my fiance Jack wore it.) ><


14 Sep 2009 - 00:2719620
*ponders if she should find somewhere that sells Neo*


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14 Sep 2009 - 20:4619640
Quote Leonie Heartilly:
*ponders if she should find somewhere that sells Neo*


WH Smith and Borders are good places.


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14 Sep 2009 - 21:2819642
Quote Ice-climber:
Quote Leonie Heartilly:
*ponders if she should find somewhere that sells Neo*


WH Smith and Borders are good places.


Ahh I know a few WH Smith's near me. Thanks for that


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