A website called usacuties.com is using my pictures illegally.

They are using it in an advertisement and when you try to call and book the supposed me, they say they will send someone else if they can't contact me.  The reality is they have never even tried to contact me.

I have asked them nicely several times to stop this practice of fraud using me and they have refused.

Do I have any way of stopping this?

Stealing photos is copyright infringement.  You can have your attorney contact them.

they are using your photos "illegally"?

Were pictures taken by "yourself/friend" or "professional Photographer"? You did not sign a releases for the photographer?

Were did they get the pictures? was it from your website? IF so did you have a "block" to protect from stealing pictures.

If they stole from you and refuse to take down, they may be in huge trouble.
Hope it works out.

Answer: Probably not.

Explanation:

1) General rule: if one's image is used for commercial (profit) purposes as opposed to journalistic (news) purposes, a model release and compensation are required.

2) Application to your case:

Arguably, you may be engaged in an illegal activity.  You are certainly not going to file even a small claims suit and open yourself up to questioning, are you?

3) You could pay an attorney to write a letter once he finds out a real address for the company, but is it really with your time and expense?  And, a lot of attorneys would not want to be involved.  (Do not think you can "barter" for services.  Probably in every state by now there are ethical rules regarding an attorney having sex with a client.)

If you put a watermark/phone number on the photos you upload, that may prevent it from happening again.

Juliet may have no copyright on her photos.  She can apply for one.  The other site is misappropriating her photos and misrepresenting that she is their employee.  She may have a business-related or identity theft cause of action.

I agree that she should contact an attorney to send them a cease-and-desist letter.

I think you are confusing copyright law with trademark law.

If so, this might work...

Inform them in writing that those pictures are your copyright material and were obtained without your permission.

Demand they be removed from the website within 3 days of receipt of your letter (which should be sent certified or other delivery verified method such as FedEx)

Inform them in your letter, that if they do not comply, you intend to file a complaint with the Attorney General's office in XX (their state) for copyright violation.

They don't want the AG sniffing around, and will most likely will replace your photo with some other gal.  They will laugh at any letter your lawyer will send.

Disclaimer - I'm not a lawyer, but I often get results without one

Here is the scenario.  When I first became a provider I signed up with this site:

www.usacuties.com

I signed their model release (which they say is irrevocable).

It was implied that by sending them my photos and signing the release they would advertise my services.

What has really happened is that they are using my photos in a Bait and Switch scheme.  I was contacted by 3 potential clients recently who told me that they saw me on the site, booked an appointment and were horribly disappointed when someone else showed up.

I tried having a client book an appointment with me and he was told that they would try to contact me but if they couldn't would it be ok if they sent someone else.

Reality:  They have never, ever tried to contact me.  Not once.  Not one call, not one email.

So you see I am not really talking about illegal copyright, I'm not actually sure what this would even be called, all I know is I want them to stop and they are refused.  

I do not even know what type of attorney to hire!!

you cannot hire someone like me to register a domain like www.usacutiesripoff.com and steal their entire site and writeoff ripoff across the face of every model on the site (except yours) and then market it heavily until they get the idea cuz i think that is a strongarm tactic and probably illegal.

however you could contact the hosting company, lunarpages in cali -- first call them and ask for fax # and for their agent of service address.... then fax your driver license along with a few photos and tell them that your visual identity is being used in an illegal online scam and the website refuses to remove your photos. mail this certified mail after you fax it... call them and tell them when you're faxing it and tell them a copy is going out cert mail to their agent address. .. keep fax confirmation showing sent ok... write down name of lunarpages representative you spoke with

wait 30 days and if the website is not gone, contact attorney to file lawsuit against lunarpages and yes you may absolutely bear scrutiny because escorting is not illegal and you have nothing to hide.

do not confuse yourself with a prostitute as so many are quick to do.  being an escort does not take away your right to seek legal recourse and if you find it does, email me for more (ahem) creative options.

that would do a routine photo shoot & next thing you know their picture was in all kinds of wild places, but they had signed "a release" & legally could do nothing.

however, in this situation,You just want your picture removed from their site rather than seeking damages.

Could you Just politely but "firmly" request they replace your picture with another lady?
Then Could make up a good excuse & hopefully they will do the simple switch?  

No shortage of pictures in this world, that is for sure.

It seems reasonable that they would not want stir things up & it is a simple request.

Good luck Juliet

From what you've said, I wonder if breach of contract laws may apply to your situation. It's hard to say without knowing the details of the situation, though.

Did you sign a contact with them? Did it specify that they would market your services? Do you have a copy or can you get one?

If the answer to these questions is yes, you may be able to sue them for breach of contract and I would visit an attorney with a copy of the contract to ask for advice about this.

your new pictures so pretty ,
my fav is the one with the black hat & 1 piece jumpsuit & putter

I wish I could take a picture like that of myself

Actually, copyright belongs to the person who took the photos - thats right, the photographer - unless legally assigned to another party or the subject in the photos. Additionally, copyright exists regardless of whether or not the work is registered - having it registered just makes it easier to prove.

that is true,

most professional photographers will "copyright stamp" the chromes/slides.

Years ago, I paid a photographer to take some beauty shots. The deal was I paid big bucks & he handed me the rolls of film to process & use as I please.

As I attempted to have some of my shots enlarged to give to family, friends etc.. A few times some of the shops  refused saying I needed a "release" from the photographer.

however,I legally owned the shots & there was no "copyright stamp"   I just went to another shop.

Copyright is automatic (i.e. does not need to be registered in order to be effective) and belongs to the photographer, unless the photographer has agreed to waive the copyright. The subject of the picture may have what is known as "moral rights" to the picture but this does not mean that the subject owns the picture.

This is why it's important for us ladies to ask photographers questions about who will own the copyright to the pictures before we book the shoot. Recently I got my first set of professional pictures done. I paid more for them that I could have because I would not consider a photographer who would not transfer the copyright to me, but knowing that I have that assurance in writing in case situations like this arise make it worth the extra money.

If you are going to ask for legal advice, disclose all of the facts up front..... (prepare for an office consultation by typing up the facts).....and present your case in an organized way.

If one of your clients ended up talking with you for the first 30 minutes, you would consider that "on-the-clock" time, wouldn't you?

It's usually the same way with attorneys.  If it takes you the first 30 minutes of the consultation to get out all the facts, would you expect that time to be a gift?

Some of us here have other lives; don't assume we will be interested in offering advice again  after you realize your initial post failed to tell us everything.

Regarding the post of Mr. "not a lawyer, but I often get results without one":

1)  Speaking of laughing--Do you really think a threat to go to the state Attorney General's office would carry any weight?  Why not ask the poster if that is something she is interested in doing.

2)  Copyright is a matter of federal law.  Normally state law enforcement has no involvement.

"do not confuse yourself with a prostitute as so many are quick to do.  being an escort does not take away your right to seek legal recourse...."
=======================
An escort may be able to walk that fine line if none of the jurisdictions in which she works has an escort (or massage) licensing ordinance.  For a massage license, there may be an education requirement of several hundred classroom hours.

Many jurisdictions have enacted such licensing laws because it is easier to make a case of failure to have an escort or massage license than it is to establish a prostitution law violation.

From my day job, I have first hand knowledge that the AG in at least 3 states, often investigates, and in some cases files suit for violations of federal law.