Exclusive | Q & A With Photographer David Byun

I like that Eniko editorial he did awhile ago. Cool to see you interviewing him.

He is a photographer i always keep my eye one. pretty much always has something interesting to show.

He is a photographer i always keep my eye one. pretty much always has something interesting to show.

Nice interview! =)

I’m a fan of Davids.

his work seems so cold to me…

You forgot to mention he is sexy !

 *!!BEWARE!!! WORLDWIDE BLACKLISTED PHOTOGRAPHER*

*http://fashionlawcenter.com/?p=832
*

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*

David Byun exercises improper business schemes at the expense of models,
agencies, companies, colleagues and collaborators.  Many of the people
reading this that have worked with David Byun will soon realize they too
have been deceived.

After hearing about the Federal lawsuit concerning David Byun aka David
Byun Creative Inc. , I found it sensible to write this. I have known David
Byun for years and can tell you from first hand experience that Byun is *not
* a trustworthy person nor can I even imagine the treachery he has peddled
to his legal representatives to assist him on this case. *(I hope they get
paid before they put all the work in)*  I say this from having
worked
personally with Byun, and having been a casualty of his duplicitous way of
working. I have been in the fashion industry for decades as an agent, art
buyer, legal consultant, and executive. I am considered by thousands of my
colleagues as an expert in the fashion business because of my long history
of booking many thousands of commercial jobs.  Byun lacks a photographic
agent in NYC because he systematically cheats his agents, does bookings
behind the agencies back and doesn’t pay the commissions promised. He is a
“nobody” that has rested on Korean magazines to make his phony
manifestation a feasible way of appealing small startup fashion companies
and even big ones into commissions.

I can unmistakably remember *voluminous* instances where Byun has done
exactly what is alleged in the lawsuit brought against him in Federal
Court. Specifically, deceiving models and agents about photoshoots. I have
far reaching and a considerable amount of friends at model agencies and in
the fashion industry worldwide; one which has found another instance with
striking similarity and deception; specifically, to the intentions of how
the images of the model would be used based on emails from Byun and how
they were used in actuality.

*Another potential severe case is pending from a top agency & top model.
The foundation is being formed at this very moment.*

*
*

What I know and what friends at agencies have come to consensus and
apprehension about Byun’s deceitful working pattern is this:

Byun articulates usually via email that he is shooting “*small jobs”,
tests, specs, for a friend assignments and for low rates*, promises
beautiful photos and non advertisement usage, usually lookbooks, line
sheets, and trade images knowing clearly that the intention of the client
is to use the
images for commercial consumer purposes.  Then images are
used in websites, advertisements, ads or anything he has pledged to the
client, Byun purposefully leaves out in attempt to purge his wrongdoing
usage on contracts with these small companies, or doesn’t do them at
all.  Since Byun’s clients are usually minor or unknown, the images are
never detected as illegal usage. Byun takes advantage of the fact that some
novice clients do not grasp the working and procedural regulations required
to use images of models for consumer usage, such as model releases,
contracts etc.  When Byun offers the service to his clients, he does his
best to provide the entire creative team, hair, makeup, retouching, videos
and models, in essence the entire production; which is totally fine, the
issue is Byun lies about how the images are going to be used to everyone on
the team including the model agencies *(Byun communicates to the clients
he
has “connections” at the agencies, the reality is this is precisely where
the deception starts. see *)    *for the sole purpose to profit from the
uninformed team.  These actions are the “soul” of fraud.

·          *Model agencies of repute & prestige will not give experienced
talent to a low paying company for consumer usage, these jobs could
potential damage the models future. Byun sets up the agency to a lower rate
so that he profits all the money possible from the client using the tactic
explained here:*

* A regular usage of consumer speech in advertisement for a medium level
model with 1 year usage for a small clothing company would cost the client
between. 5-10k for the date rate. A top model 10k-50k and a supermodel up
to a millions of dollars depending on usage/time/exposure and client.  *

*In the usual Byun circumstance, his client total budget base is around
10k-20k for the entire production at best, so Byun fraudulently represents
what the job is for to the agencies, and make statements like,  the job is
a small company,  for: promo / a friend / test/ spec/ etc… These statements
disarms the agencies and Byun gets the jobs categorized into non consumer
usage/ non web/editorial/spec rates/trial/promo/etc… This allows the
booking of a mid level model for 500-1500 dollars, all  based on trust.*

* Now in respect to an international makeup campaign in various countries;
because of the nature of the exclusivity required by high end cosmetic
companies contracts rates can range from 200k-to multi millions of dollars
even for relatively unknown models, especially over a three year period or
if the images are used in national magazine advertisements with point of
purchase scenarios such as in a retail stores and webpages worldwide. This
is where the deception and treachery of
Byun is so apparent in this
particular case. Byun in essence has prevented a model for the last three
years from being able to procure a cosmetic contract, basically irreparably
damaging her career.*

*
*

The larger more reputable agencies and even smaller ones have fixed onto
this deceitful pattern, and will never work with Byun on commercial jobs
with reputable models, moving forward.  A few agents in consensus with
models have suggested   playing imprudent to the deceit and sue Byun when
images are used illegally, Byun is well on the way to becoming victim to
his own deception.

Now, moving onto the way Byun has survived in business, Byun (Sung Byun) is
a native Korean and capitalized on the expanding commercial viability of
magazines such as Korean W and occasionally Korean Vogue. These magazines
have given Byun a bargaining chip with the reputable agencies for the top
talent, he has
obtained the models usually paid 150.00-1500.00 dollars for
a cover/editorial based on the magazine reputation, not his own. This is
the going rate for an editorial, as everyone knows in the fashion
industry. You will never see Byun cross over to the American, French,
Italian versions of these magazines, for the sharp fact that these
magazines would never work with him because he lacks the proficiency of a
Mert & Marcus, Mario Testino, or Steven Meisel, not only technically but
more importantly as a human being. Also key agents at the top agencies in
the world will have nothing to do with Byun working with top girls,
especially with what has come to light.

That being said, Byun has created a large magnitude of one time disgruntled
clients like, Nieman Marcus, Saks, and many more, including myself.  Byun
also once worked with Naomi Campbell for Harper’s Spain in 2004, then in
exchange for consideration in
future shoots gave her images to a “not so
good” (as he stated) magazine in New York City. This pretty much ended his
relationship with IMG once Naomi was represented there a few years later.

As time would have it, the Korean magazines that Byun bases his fictional
“top” photographer prestige on, have also moved clearly in a different
direction. The magazine editors have found other Korean photographers that
are just nicer and more talented to work with. For this specific reason W
Korea magazine did not work with Byun on the last anniversary issue. Its
more then likely that his continued work with these magazines will also
terminate rapidly given the circumstances of this case.  Clients just don’t
like working with Byun, he has no ability to take criticism, is not open to
a team work environment and systematically tries to eliminate anybody from
the photoshoot that would be able to see his pedestrian skills.
Byun has
been falling in a descending spiral because the years of miserable and
deceiving business tactics, and alienating everyone that comes in contact
with him for an amount of time. I am sure in his mind, the photography
industry is a dying business; but in fact it’s an emergent and vastly
developing industry that he is being left out of.

Moving on to this case, When I came across the complaint I instantaneously
knew he was guilty of the charges. I am confident Byun did not tell the
plaintiff what the images were for ; nor the agency, as he states in his
declaration. *(this is proved below see email **)* He  more than likely
twisted and omitted emails that he claims are “real” in his declaration.  A
huge incongruity is very evident in the call sheet and receipt of payment
by Major Model Management. The documents (call sheet, receipt) make no
reference to the cosmetic company or usage agreement, on the
contrary the
call sheet appears like the model had been sent to a “test” product shoot.
Furthermore, Katia Sherman president of Major Model Management is a
absolute professional that supervises all cosmetic agreements, her 20+
years in the industry would never allow this shoot to have happened, she
takes pride and safe guards all her models from this sort of trickery, no
single agent could confirm a international cosmetic campaign without
Sherman’s input at Major Model Management.  All the agencies including
Major Model Management have a fiduciary duty to the model to state what the
shoot is for in writing, and to put this into the callsheet and clearly
into the receipt of payment, in Byun’s case this completely absent. There
is *no* way the agency cheated the model, it makes no sense they would be
cheating themselves.

The plaintiff claims in the complaint that she was not paid for the
international
makeup campaign. This claim is valid she was paid for a
product test shoot, and the client was David Byun Creative Inc. She did not
sign an agreement or model release with Byun and the supposed emails Byun
claims to have, are more than likely stringed together emails, *(***see
footnote)* and lack the standards of electronic discovery. The 1500.00 rate
is what an agency would charge for a test shoot of products, with *no*
commercial
usage.  I also noticed that Byun claims to have paid the plaintiff 150.00
for a previous shoot in Sept of 2009, this rate is considered a symbolic
rate, agencies do with photographers for small non consumer, editorials,
lighttests, linesheets, & lookbooks for internal usage of a designers
collection to present at market week in or internal trade. *(its important
to remember in 2009, some agencies that had not caught on to Byun and
wanted to help)*  These shoots are not to be used in
consumer speech. I
even have a copy of the agreement supplied by yet another disgruntled Byun
employee in reference to this exact shoot, the agreement clearly doesn’t
state anything about web usage, ecommerce or a usage period. Even
mentioning it in Byun’s declaration especially since I can see that the
client is still using the images on her webpage to date may have
inadvertently opened a can of worms. Complicating this issue the images
have been used in ecommerce, a form of consumer usage, which I am sure the
plaintiff was not paid for. Furthermore, neither the agency nor the model
signed agreements in regards to commercial speech. Usage of a models
likeness on a webpage for products available to the general public for
purchase is: commercial speech. Generally, Byun’s “C” level clients cannot
afford this on 10k budgets; while still making Byun a profit, so he just
lets it happen. I have mountains of
examples.

Given the nature of Byun’s well documented atrocious business tactics, his
untruthful statements to everyone that he works with, his perjurious
declaration and growingly frantic efforts to swindle talent, agents and
artists and more than likely his legal representatives – the persona of
Byun’s repulsive, cruel and premeditated actions and fraudulent
representations will come to light in the federal court.  His skilled
career of unprincipled bad conduct has irreversibly ended all future
chances of success in the fashion industry.

I truly don’t think *any* respectable model agency; artist agency or
fashion/beauty companies are going to want to work with Byun, Nor should
they just due to the fiduciary duty to their models, artists and companies.
Knowledgeably working with a thief would in essence make one culpable
should  future litigations arise.

Frankly, I feel so bad for his legal
representatives, hopefully Byun made
fraudulent statements to them while procuring services and they can get out
of the case, I doubt they will get paid by Byun. Defending him will be
arduous & time consuming venture for any lawfirm.

*Now to the provable factual stuff:*

Enclosed below (**Email)is an email between Byun, and Lucy Fox a friend and
person that later worked for Marie Claire Magazine, this email is in
reference to the LASplash job, shot one week later *(the pending Federal
case)* and represents a small sample of the fraudulent activities involved
in this case, this email was given to me along with thousands more on a
harddrive from a former Byun employee in 2010, whom Byun also cheated. The
important significance of these emails being in hardrive form on a mail
client based program archive is that they contain all the raw headers,
making them provable as electronic discovery showing they were
delivered
and sent through Byun’s IP address. Unfortunately, I only have from 2010
back to 2005, about 60,000 emails.

*** footnote: I found it incredibly interesting that the supposed emails
that happen in early Jan of 2010 between Byun and Major do not exist on
this original archive in an original email or in there entirety. It looks
as if strings were added, omitted, deleted in the declaration emails.*

***EMAIL*

*From: *”pictures@davidbyun.com”

*Subject: LA*

*Date: *January 2, 2010 3:28:57 PM EST

*To: *lucy fox

*Reply-To: *”pictures@davidbyun.com” pictures@davidbyun.com

hi lucy

another reason why I think having them at the set is a bit tricky is that

I’m inviting some of the best talents in new york as more of a personal
favor

with really
low rate.

if there is a client then they would think that it’s a real job and that
will create a very strange energy and also possibly ruin my relationship
with the talent even after a long explanation.

lets try not to have them here in nyc

david byun

http://www.davidbyun.com

001 917 407 5513

This is just one email, but I have thousands of provable *(to the rigorous
standards of electronic discovery, unlike Byun’s patched and more than
likely fraudulent email strings)*emails that confirm a horrific depiction
of Byun fraudulent business tactics, in particular him lying continually to
clients & agencies to secure a job, at the expense of others.

This example is just the tip of an extremely enormous iceberg. Once the
documented proof is out, Byun’s believability,
credibility and business
will be compromised.  Byun calculated efforts to disenfranchise models,
agencies, magazines and companies are soon to become public knowledge and
perpetuate a never-ending onslaught of new lawsuits. This is purely because
it is not the only instance he has done this to a model.

Most seriously, Byun has also conned the government of the United States of
America, in regards to his financial earnings, not declaring his income
appropriately in his tax returns. I have hundreds of documented
transactions that are not declared in taxes over 5 years, his deceit and
unquenchable greed has even perpetuated to cheat the government that has
offered him the opportunity to become a citizen of this country and do
business here.

So that it is clear, I plan to go public with all this information and make
myself accessible to the plaintiff in this case and cases in the immediate
future. I have
absolutely no fear of retaliations from Byun, this is not a
defamation case or libel, *all* the *facts* presented are *true*, Byun will
never be able to prove otherwise. This statement will go out to nearly
30,000 contacts through out the world of fashion, beauty, artistic
management and model management industry in early September when everyone
returns from summer holiday.

68 of  137   – Illegal usage. Purposeful misappropriation of images,
Civil Rights violations, False Endorsement, unfair competition.
On March 26th 2012,  client Redken a subsidiary of L’Oreal wrote via
email to David Byun letting him know they had interest in purchasing
images shot by Byun from a recent editorial cover shoot for American
Salon Magazine.
The clients intended usage was to act as “supplement” to the Redken
Chomatics Advertisement Campaign, “to show consumers” that the images
were created using “Redken
Chomatics”. (In essence consumer
advertisement, POP, Trade, WWW)
Terms were specified as:
1 yr US usage,(no specificity, “buyout”) to images of three models.
As of now, These images are used in in-salon posters, and on the
internet worldwide as supplementation to the “Chomatics campaign”
showing what products were used to create the images; “consumer
speech.”
Evidence shows Byun knew that he did not have the rights to sell usage
of these images for consumer advertisement, and Byun never confirmed
in writing that the images were actually secured contractually from
models, agents,  Redken/L’Oreal.
On the contrary, Byun implied all was well by repetitively requesting
and negotiating payment, he deceived Redken and more importantly
agreed to the terms of L’Oreal contract making himself culpable for
his wrong doing.
The images clearly fall out of the scope of an editorial cover shoot
for American Salon because Redken expressed clear intended consumer
usage when purchasing the images from Byun. Byun knew this was
unsuffentant and still went ahead with the sale. Putting the name of
the magazine on the images, does not erase the encroachment.
The commercial assignment of the likeness would need a contractual
agreement between the models and the cosmetic giant.  Thus, violating
the rights of the models pictured in the images.
Byun sold the images in Aug. 2012, they first appeared on the website
for Redken shortly there after.
The models pictured in posters and website are:
Alexa
Agent : Andrew Partington – Wilhelmina Models, New York City
Courtney
Agent: Jeffrey Kolsrud – Q Model Management, New York City
Olena
Agent: Eric Granwehr – Major Model Management, New York City

Attached is the link to the images:
http://www.redken.com/whats-hot/hairstyles/sway/
http://www.redken.com/whats-hot/hairstyles/coiled/
http://www.redken.com/whats-hot/hairstyles/modern-crown/
http://www.redken.com/whats-hot/hairstyles/sleek-simplicity/
http://www.redken.com/whats-hot/hairstyles/crimped-crimson/
http://www.redken.com/whats-hot/hairstyles/avant-goddess/
http://www.redken.com/whats-hot/hairstyles/beyond-bronze/

For samples of the posters, visit a Redken salon near you.