What if I want my material removed?

With you, we make a lot of effort and spend a lot of money to create unique material for our website. We’re a business designed to make money, so removing material that makes us money is not good for us. When we make money, we use it to keep the business running, and use it to pay models to appear in shoots.

We also work hard to inform models of the risks of appearing nude online, and models sign a Release (a legally binding contract) to indicate they agree to participate. Models learn more about this during the application process.

However, we occasionally have models change their minds, and want their material removed from our website. We take this request seriously, and have a process to handle such requests. Removing content is not easy, fast or cheap, but it can be done.

We have two approaches; you can choose whichever you prefer.

Option 1

Content removal request review by committee of peers

In a nutshell

You submit your case (what you want done, and why). A committee of staff and models review and decide what happens. Content removal is one option, but there are others.

Benefits

Might be free for you. No lawyer involvement. Can appeal decision.

Drawbacks

Slow (1-4 months); effort to prepare your case; might not get the decision you want; might cost money.

Details

We provide details to you on how this process works. We expect you to provide unemotional reasoning as to why you want your material removed, and what specifically you hope to be achieved.

We then prepare info we have gathered about you (our file notes on working with you, information about the shoots you have made with us, and so on), and organise a committee of:

  • An existing model
  • A model who plans to work with us, but has not yet
  • A Shoot Producer
  • A staff member or contractor who has been a model

Together, they review the prepared material, the requestor’s letter, and use an internal framework to make a recommendation on what action the company should take in this matter. Options include one or a combination of these:

  • Limiting some or all content access from specific countries
  • Removing some or all content for a specific period of time
  • Delay release of unreleased material
  • Make it so non-members cannot see any content until paying
  • Removal of some specific shoots
  • Removal of specific media types
  • Removal of specific images or footage
  • Removing boards posts or images only
  • Total and permanent removal without payment
  • Total and permanent removal with some payment due
  • Taking no action

The committee makes a recommendation to the Board (the Owners and Directors of the company) for approval, who usually decide to approve the recommendation. The model is informed (there’s an appeals process if the model disagrees with the decision), and if they agree a contract is prepared and signed.

Then the recommended action is taken, and the matter is closed.

Option 2

Content buy-back

In a nutshell

We calculate the total cost to create the content, plus the value of the content, and discount for the age of the content. We arrive at a value (a certain number of Euro). You pay that to us, we permanently remove the material.

Benefits

Fast – can be done in a week or two.

Drawbacks

Costs a lot of money.

Details

This option is only available for content that has been online for at least 12 months. The formula for calculating the amount due has these factors:

  • Direct costs to create the content in the first place. Where applicable, this will include STI tests for model(s), booking the shoot for model(s), travel of model(s) to the shoot, accommodation of model(s) during the shoot, model fees, shoot-partner fees, Shoot Producer fees, paperwork admin fees, video and stills post production fees, and content admin fees.
  • Plus, the content’s ongoing value to us (that is, how much we hope to earn from it in the next ~15 years): We estimate this as the cost of content creation again.
  • Less, age of content factor (that is, how much value we estimate to have already earned from it): discounted by 10% for each year the material has been online, to a maximum of 70% / 7 years.

For example:

A shoot cost €3000 to produce in total, and has been online for three years.

€3000 to produce, plus the lifetime value to us (production cost again) is another €2500, so the total is €6000.

€6000 less 30% (10% for each year the content has been online) equals €4200.

Thus, the model would pay back €5082 (including Dutch VAT of 21%), then we’d permanently remove that shoot within 7 days of receiving payment.

However, this is for one shoot – the same formula is applied to each shoot the model has appeared in with us. If the model has appeared in multi-model shoots, the costs of the other models’ fees (travel, accom, STI, shoot fees, etc) are also applicable. Models may choose what shoots to remove – one, some or all. We’ll provide a spreadsheet that shows the full calculation, and can provide supporting documentation upon request.

Once an agreement has been reached, there’s a contract to sign. We’ll issue an invoice. Once we receive payment, we’ll remove the agreed material within seven days.

Note; We do not include some direct and all indirect expenses we incur in making shoots, including:

  • Model recruitment costs (costs of advertising and maintaining websites, and processing new model applications)
  • Infrastructure costs (cloud storage of unedited content; cloud storage of master edit)
  • Payment admin (cost of bookkeeper to create and get various payments approved)
  • Bank transfer fees (fees from our bank to send money to the model(s)
  • Meals (on shoot day for model and shoot partners)
  • Auxiliary model admin costs (Playdates, Boards postings, gifts, encouragement awards, and similar)
  • Oversight (overseeing people to ensure they meet our standards, policies and procedures)
  • Management (creation and maintenance of standards, policies and procedures)
  • Capital costs (eg, cameras, lenses, lighting, computers, etc)
  • Insurance (or people, equipment, and property)
  • VAT (Value Added Tax paid by us to the Dutch Tax Authority. not passed on to customers)
  • Administration (general administration for guiding this model through this and other processes)

Additional content removal considerations

It’s possible your content has been “pirated” (that is, stolen from our site, and posted elsewhere on the internet). When this happens, we work aggressively with lawyers to get it removed. We’re successful in most cases. If the material is re-posted, we work to get it removed again.

If we come to an agreement to remove your material from our site, it will be guaranteed to be from abbywinters.com and our business partners (“Affiliates”) websites only. However, we’ll continue to work aggressively to get any pirated content removed online regardless of its status on abbywinters.com.

 

What is the “National Blackout” Option?