A girl I used to be friends with wrote me the other day out of the blue. She had run across "me" on myspace but when she clicked the page she realized it wasn't me, but someone named wendy pretending to be me. What a weird feeling....she lives in the same town where I work and even pretended Febe was her puppy. The funny thing was that I had just gotten home from a photoshoot with a photographer who happened to be a big lawyer. So I started making phone calls and writing e-mails. Paul Parmer, another one of my photographers, is not only in law school but both of his parents are lawyers. And when you steal images that are copyrighted it is a really bad deal...she also did some editing herself which is tampering with a copyrighted material.
My friends started posting bulletins and photographers were writing her...and it all got taken down...then she started writing mean letters to everyone..
So Jason sent her this:
My name is J. Bailey and I own J. Bailey Studios. You might recognize my name as it is on several of the images you are illegally using on your myspace page. Also it appears that you have assumed the identity of ladygirljess. Copyright infringement and identity theft is serious business. Therefore I am writing you now and copying myspace legal to put you on notice.

First you violated your agreement with myspace by posting my images without my written permission.

MySpace.com Terms of Use Agreement

April 11, 2007

6.2
You represent and warrant that: (i) you own the Content posted by you on or through the MySpace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MySpace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MySpace Services.

6.4
The MySpace Services contain Content of Users and other MySpace.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MySpace Services.

This makes you solely responsible for your actions. Any and all cost's occurred by myspace will be passed onto you. As this is not the first time my work has been stolen on myspace I do plan to take full legal action.

I would also like to inform you that copyright infringement is governed my federal law, not local or state. Therefore, any and all cases must be settled in federal court. The penalties for these acts can be in excess of $100,000 per offense.

::Copyright infringement is the unauthorized use of a copyrighted work. Even the simple act of photocopying a copyrighted image without permission can be an infringement. When there is an infringement, the owner of the copyright can sue for damages. All lawsuits for copyright infringement must be brought in federal court, not state court.

::The owner of a copyright can always claim whatever damages he has actually sustained as a result of an infringement plus whatever profits were earned by the infringer from the unauthorized use of a work. In addition, if the copyright to a work which was infringed was registered with the Copyright Office either prior to the infringement or within 90 days after first publication, there are alternative damages that can be awarded. The owner of the copyright can elect to seek the greater of either his actual damages plus the profits earned by the infringer, or damages of up to $100,000 plus attorney's fees and court costs. The total damages that can be awarded by a court depends upon the degree of willfulness of the infringer.


I hope this demonstrates the severity of the offense. Please remove any and all of my work from your websites and computer. All of my images are "Digimarced", so I can search them out anywhere on the internet.

My lawyer and I have obtained screenshots of your myspace page for our records. I have also notified ALL of the photographers you are stealing from so please expect the same from them.

J. Bailey

later that night she agreed to talk to me...and we came up with a resolution...I wanted a written appology and I wanted her to tell all the photographers that she was sorry...this is a blog I posted after the fact:
As most of you know I found out through a friend that my images had been "barrowed" by someone and she was posing as me on myspace. After a lot of help from friends and my writing her she IM'd me on yahoo and we spoke. I explained how upset I was and how much trouble she could possibly be in and we came up with a good resolution. I feel good about the resolution we came up with and think she isn't a bad person at all....she just didn't understand what she did. She wrote all of my friends that she had written anything offensive to and told them she was sorry and deleted everything.
Through this whole experience I actually would like to talk to myspace and possibly come up with a way to make it harder for people to steal images off their site. I found out that if you take a picture of yourself holding a peice of paper that has your URL and friend ID written on it and send it to the myspace tech people they can keep it on file so they know who the real YOU is and can then monitor for the use of your images anywhere else on myspace. Though I feel that is a good way to try and keep it from hapening people can still take your images...even if you have set them as private so you think they can't take them. As long as they can drag your image onto their desktop they can have your images. I am a member on several model sites that have effective ways of keeping your images safe and I would like to see mysapce take the same procautions.
I have no idea how to go about this, but I plan to find out and take some sort of action.
Though Megan ended up being an ok lady, there are people online that aren't and the thought of them posing as me or you is very scary. I would like to ask you all to help me in figuring out a way to go about this.
And if you EVER see any of my professional work on anyones site that is not one of my photographers please contact me.
I have copied the letter of appology Megan wrote me at the bottom of this blog. I hope that after our talk she will ge her own myspace identity and I will even help her get some images of her own that she can use to show her friends.
Thank you all for your help in getting this problem taken care of. Being so far from my friends it was really nice seeing how many of you still care about me.
Can't wait to see you all soon.
x0x0x0x
jeska


My name is Megan,
I have been using my friends computer for the past month. I had a myspace page, that I put Jeska's photos on. I didn't mean anything by it. I never made money off them, I swear. I just used them for my profile, because I thought they were pretty. I have spoken with Jeska, and have deleted all pictures from my myspace page. I did not have any on my friends computer. Jeska explained everything that goes into doing a photo shoot. I never realized how much work went into it. I am very sorry for anything I have done wrong. I never meant to upset anybody. I am begging you to accept my sincerest apology for all of this. I have already canceled my myspace account for good. I am begging you not to press charges against me, I didn't mean any harm. Once again I am sorry for any of this inconvenience.
Megan

Tonight this song is me...every word...cause baby it's raining...inside of me...in my heart

You had my heartand we'll never be a world apart
Maybe in magazines but you'll still be my star
Baby cause in the Dark You can see shiny Cars
And that's when you need me there With you I'll always share, Because When the sun shines We’ll shine together
Told you I'll be here forever
Said I'll always be your friend
Took an oath
I'mma stick it out 'till the end
Now that it's raining more than ever Know that we still have each other You can stand under my Umbrella
These fancy things, will never come in between
You're part of my entity
Here for Infinity
When the war has took it's part When the world has dealt it's cards
If the hand is hard
Together we'll mend your heart
Because ...
When the sun shines We'll shine together
Told you I'll be here forever Said I'll always be your friend
Took an oath I'mma stick it out 'till the end
Now that it's raining more than ever Know that we still have each other
You can stand under my Umbrella
You can run into my Arms
It's okay don't be alarmed
(Come into Me)
(There's no distance in between our love)
So Gonna let the rain pour
I'll be all you need and more
Because ...
When the sun shines We'll shine Together Told you I'll be here forever
Said I'll always be your friend
Took an oath I'mma stick it out 'till the end
Now that it's raining more than ever Know that we still have each other
You can stand under my Umbrella
It's raining (raining)
You can always come into me
Come into me

I got a letter from my papa Eric letting me know what is going on with my Daddy Ron. I found out some time ago that he had messed up by wearing his dentures to much and the roof of his mouth is now as thin as paper. So he would be needing a bone graph.....this is what he wrote.....your dad is having lots of tsts run up there in dallas for lots of things and biopsy on some skin things to find out what they are on him and he also had an mri for his chest the doc's saw a spot they want to know more about your dad thinks he remembers a hole or something years ago but can't say for sure. anyhow he is waiting for results and i am sure he is nervous about it, i would be and of course he has the mouth bone graph thing oout there as well so he has a lot in his mind. i just thought you would want to know sorry if it just kind got dumoed on you like this but i know you and you would want to know rather that not know so hang in there it will be ok
love, eric
I called mom tonight after midnight and I am sooooo happy that she answered her phone cause I desperately needed SOMEONE to talk to....I want to be home tonight worse than I have ever wanted to be home...I want to crawl in bed with my little sisters or veronica and just sleep. Sleep soundly....sleep next to family.
I am so scared for my daddy...what does it mean that he thinks he remembers a hole? What does that mean? Like a hole that he could feel or a hole he could see? I am thinking about going to be with my dad for a little while...I wouldn't be able to stand myself if I lost him. I love my dad so much...I wish I had someone to hold me right now...just tell me its all going to be ok. But I don't...I am so sad. I have been crying for hours...someone please....

Here are a few images from a shoot I did with some models in San Antonio a week ago or so. It was the first time I worked with agency models and I was sooo nervous cause they were at least 5"8 and I am so short but I think it went really well. One of the girls, Jenn, was like 6"4 with her heels on! It was insane! Jenn is the one in purple. She was soooo nice and wants to help me get signed with an agency and I am realy excited that she even offered to help. It's a scary thing. That first image on top there is the first image I have ever shot that I just really L-O-V-E how white I am...I think it looks really awesome! The other girl I met was Alyssa, she was just 18 and soooo sweet. She is half black and white and had those amazing blue/green eyes. She was a doll and lives near me so I hope to meet and hang out with her again.She is the model in the blue dress....I had a great time! My favorite image from the shoot is the one Jason did though...I have a peice of red cloth on my head and I think it really looks like a 1920's to 1940's image. After we shot that day we went to the opening of a club with Duke...it was really amazing and pretty! The dance floor was above a shark tank and those of you that know me knoe how scared I am of sharks so there was not any dancing for me that night...but I did look. All of the wall were so cool...different textures and colors...I think it would be really amazing to do a shoot in there because it would be like 15 different backdrops already set up. So cross your fingers for that one....yea right. lol Well I am going to go and hang out with Jason...we are watching some movie....love ya all!

I can't believe my little baby is one year old today...I hate that I have to work...I promised her a good play in the mud...but it got cold today and we don't need a sick puppy....so maybe her daddy will take her out for a little while when I am at stupid work.
For all of you that know me you know how excited I was to get Febe Boufette...I had her named 3 years before I ever even thought I would be able to have a puppy...I wanted something to love that would always be there and now I have my baby febes. She was under a pound when I first got hernow she is 5 pouns and growin! She is so smart and learns all the time and it's really neat watching. She goes everywhere with Jason and I.....So I am going to post a bunch of images of her growing up...enjoy!

I have a makeup and hair call at 8 a.m. in san antonio...I am sooo tired I could throw up. Haven't been up this early since I was in high school. ewwww.....wish me luck.

Jason found a little orphan kitten about 3 weeks ago or so. They think she was about a week old when he found her.She has already grown soooo much but is still really tiny. She likes to scream a lot and has to eat all the time. She is walking a whole lot better and a ton faster now which is cool. She likes to eat her feet and fall off of stuff. So thats all I wanted to say about that....

I was sleeping this morning and Jason woke me up saying "It's eleven thirty! You need to get up?!?!" then he put something really heavy on my tummy....it was a package with my magazine in it! It came in the mail! It's really neat to see yourslef in a magazine for the first time...and on the cover even! I got several pages throughout the entire magazine and I am just tickled pink about it. Makes me feel a little less stupid for deciding to try and be a model.Made me laugh to be looking at myself all pretty in a magazine while I am wearing sweat pants and a t-shirt...no makeup and a bun...it's a neat thing to realize what your capable of and to actually see it in print. The photographer, Doug Jacobson, made a package for the jewelry store with my images and is trying to get them to use me as their model and him as their photographer for adds and stuff....sooooo that could be super cool if they decide to go ahead and use me.
I am also shooting with Doug again this monday in san antonio for a new techila (not sure I spelled that right) brand...we are gonna shoot a bunch of things showing me drink at "home"....but don't worry I wont really drink it...that stuff is yuck! But he said it's a free shoot initially but when the adds go international and stuff then we will start making money....if it does go internaitional, so I don't really mind. The thing that still gets me is when I am all done up with hair and makeup and I see the images later...that I look like a woman...I know that sounds weird, but I see myself as a teen-ager still sometimes. I don't see myself as a grown-up and that one image from the shoot to the left really made me see myself as a woman. I don't look 17 in it and it's neat. Most photographers want to shoot me as a cute little girl, Jason, Duke and Doug are really the only photographers that have made me look and feel all grown- up in the images we shoot. It's exciting to see yourself "transform" into something or someone else infront of a camera...and the images last forever. I wonder how my mother and Eric see me...my daddy Ron too... when they look at me do they see a little girl or do they see me as a woman? Thats a good question...I am gonna ask them. This image to the right...I look about 14...hehehe and we shot it all in like 3 hours...Once again I would like to state that I do not like what the hair stylist did to my hair...he was sooooooo stuck in the 80's and everything he did looked like he was having flashbacks...I hated it. I wanted to snag the curling iron out of his hand and scream "LEMME DO IT!" but that wouldn't have been professional of me. lol so I restrained myself.Now this image to the left....I LOOK WAY TOO POSED! OMG! I hated that dress and hate that pose...but once again, the photographer and editor are the ones in charge of picking so I guess I shouldn't have given such a bad pose and they wouldn't have been able to pick it. Modeling jewelry is soooooooooooo hard!What can I say....you learn from experience and mistakes. I wont be doing any more crappy posing when I may get print work from the shoot. hehehe.

Tuesday....Got up....hung out with Jason...played on myspace and went to work...Now I am home from work....playing on myspace...and hangin' out with Jason...Things have been.....difficult.....but I know everything will turn out ok...I am more of a glass half empty kind of gal so it's hard for me to battle that initial feeling of failing...but I am and I know that with time everything will be ok. I miss my family and friends....Taylor has hurt me so bad....I still cry about it. He doesn't really talk to me anymore and doesn't write on myspace or e-mail or IM....doesn't call or text...he didn't even come to see me when I was in town until the morning when I was leaving while I was still dopped up on meds...I guess things change as well as people...it just sucks when It happens with someone you thought you would be close to forever..It has sunken in and I am still sad, but time will heal it. I finally made a friend! WOOT WOOT! Her name is Tina and she works at the same place as me and also lives in Kingsbury so I hope we will get to hang out. I don't think I have been this excited about making a friend since I was in elementary school. lol. I am just ready to hang out with someone outside of this house sometime...maybe go and see a movie or go to a park and just chat or something...Anyway! I guess thats all I have to say for today...still miss everyone...still love you all...jason still has my heart and makes me smile...still miss Taylor...

I am SOOOooooOOOoooooOOooOO in love with this image Jason shot!I think that he and I are the perfect team! We went to Austin for Alicia's birthday which was sooo fun, and the next day I saw some cool leaves on the ground at Dukes house and gathered some....I said I was gonna make a head dress...and I DID! I am soo proud of this one. I did the makeup and concept and Jason came up with all the lighting and everything...we are such an amazing team! When he edited the image I was paying so much attention to the makeup and hair that it took me a while to notice there were buildings in the background, which is amazing, because we shot it in his front yard on the ranch....there are no buildings for days...I think its the best image I have to date. I am so proud of him.I sewed the leaves in 4 parts...each with 3 leaves and then the single leaf that I put on the top...I drew my idea and colored it earlier today, but I never imagined it would come out so great. I mixed yellow and gold which I never had thought to do before...but it looked great. The gold is actually dust that I had left over from high school theatre...hehehe I keep all my makeup!
But it turned out amazing! I am doing my next shoot with feathers...gonna put them on my eyelids for eyelashes...I am working on the concept right now..I will have to wear a brown or black wig cause hot pink and black wont mesh with my red-hair, but I am certain it will be amazing as well...I am just so blown away with jason's talent. Our kids are gonna be so talented...it will be amazing...and red-headed...eck..heheheIt was so nice to see Alicia...she was so cute..she met my friends and we got to see Derek...they share the same birthday. At the end of the night we went to a piano bar and my friend Duke is friend's with the pianist and drummer so he told them it was her birthday...she ran up there when she heard them announce it and told them she HAD to hear the beatles...then she danced on the stage all by herself and then grabbed the mic and sang...it was to cute. She also grabbed my notebook and pen out of my purse and wrote me a note which was sweet, but she managed to get a pen mark on my 600 dollar dooney and bourke purse which is leather and white...which I had managed to keep white for 3 years...so I will always remember her birthday. hahahaI miss everyone so much...I hope that I can visit again soon...work is keeping me busy cause I try to pick up shift all the time so I can catch up on the bills....and save a little so I can move or maybe get married one day....not sure I will ever be able to afford a wedding. hehe, but I guess I am counting my eggs before they hatch cause he hasn't even almost asked....but a girl can plan can't she?
OK I love you all and I am gonna relaxe before I go to sleep...nobody wrote me about my cover page...kinda made me sad...I need to know who all wants one so I can be sure to grab enough.
Love you all
JesKa