 - Kresta M. Book  Contact Kresta M. Book Kresta M. Book's Gallery |
laws on publishing photo of a child Hello all, My daughter takes dance and a photographer took a photo of her in the splits in the air aimed right at her croch and then she put the photo on her business card without written consent. I found the photograph distasteful and exploitive of a monor child. What are my legal rights? I think I have copyright issue as well as exploitation of a child issues due to the focus of the photograph. Does anyone know what the law is for this issue? I would really appriciate any help I can get.Thanks Kresta Book
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Irene Troy |
Hi Kresta - first, from my somewhat limited experience I do know that in order to use an image of a person (child or adult) in a commercial way that the subject must sign a release. If the subject is a child then the parent/guardian must give permission. You are well within your rights to contact this photographer and demand that she remove the image of your child from her card and that she not use it in any other form without your express permission. I am not certain about the copyright issue - someone else will undoubtly have that info. Second: Because I spent 26 years working in the field of child sexual exploitation and abuse I’m going to take advantage of this posting to make a point to everyone who may be in a position to photograph children in a non-studio setting. Forgive the lecture style! Unless you have your head in the sand somewhere you know that there are many people out there who view children as sexual objects and who just wait for situations in which they can exploit a child. Photos such as the one in this case are all too easily acquired by perps who see no art, but rather fantasy. I strongly believe that every adult has the responsibility to protect children from perps. If you are photographing children in any situation [in a studio I presume that either the parent or someone from the family is giving informed permission and has requested the sitting] please do not ask the child for permission to make your image! Even if you plan never to use the image for any commercial purpose; even if the image is for a class and you are just starting out and figure the image will end up in your round file; even if you are shooting from a distance and the child is not the major focus – ASK THE ADULT in charge of the child – please! If we want our children to be safe and we teach them not to talk to strangers (a dubious practice, but that’s another lecture) then we should not be talking to them. I primarily do nature and travel photography and rarely photograph people. Recently we took a couple of our mini horses to a church fair and I was asked to do some photography of the kids on the minis. I was shooting away when a parent came up and asked me if I would not photograph her kids. Of-course I immediately agreed and suddenly it hit me that I was violating my own rules – I should have been asking each parent if they wanted an image of their child before making that image. I was not planning on using these images in any way – they went to the church for parents to pick up and use – but I still should have been asking. Final thought: Kresta – if the image makes you uncomfortable, trust your own perception and tell the woman that you do not give her permission in any form and that you will take legal action if she uses that image.
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Kerry L. Walker |
Kresta, in regard to the copyright issue, the photographer owns the copyright. However, she does not have a right to use the photo in any manner at all without your written permission. I have a fairly good imagination and I can envision the photo you are describing. As a photographer and a parent (my kids are older than yours by several years) I personally would see no problem with the picture but my mind dos not run in the same gutter as that of a lot of people. What I envision is the look on the child's face (concentration, etc.), regardless of the perspective from which the photo was taken. That is probably what the photographer was noticing. Therefore, I would approach her and explain that not all people view kids as just that, kids, and that you would prefer that she destroy the business cards with your child's picture on them. If she refuses, that's when you need to get nasty, so to speak, and explain that she does not have a signed model release for the photo and could be sued. In other words, approach her politely and let loose the parental guns if she refuses.
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
I see everybody's point, but before there's too much panic, is the photo really aimed "right at her crotch"? If you want the photo not used a letter, email, or call should do it. Cooler heads need to prevail before accusations of exploitation are lauched.
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Kerry L. Walker |
The way I envision it is it is frontal shot from below (not directly below, just on a lower plane) with her legs split. Since her crotch is in the same vertical plane as her face it might appear to some people that it is pointed "right at her crotch". I've seen many photos of this type and though nothing of them. Heck, you don't even have to tell her why you object to the photo. Just tell her she doesn't have permission to use your daughter's image and that she needs to destroy the cards.
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
A photo of a dancer, gymnast, hurdler, taken from the left side of their body with the lead leg being the right leg, is probably what this is like.
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Kerry L. Walker |
You're prpbably right but I have seen some taken from a more frontal angle to get a better shot of the expression on the face and never thought there was anything improper about it but to each his own.
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- Kresta M. Book Contact Kresta M. Book Kresta M. Book's Gallery |
Thanks so much for the responces. The Photographer was asked to respectfully stop using the image due to lack of consent from parent. The photographer insists that it is her image and she has rights to it. This image was taken at a dance studio during a rehursal. The splits were in the air but the childs was leaning back in a chair so it really was aimed at her croch. I was unaware of the photo being taken until it appeared on a business card. I will now be contacting a lawyer as The photographer did not respond to the request to stop using the image.
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Kerry L. Walker |
the photographer is correct in that she owns the rights to the photograph. That means that neither you nor anyone else has the right to make copies of that image without her permission. However, if she thinks that means she can use the image for anything other than editorial uses (newspaper, etc.) she is badly mistaken. She must have a signed model release to use it for commercial purposes, which she does not have. Therfore, she is subject to civil litigation. I suspect that once she gets a letter from your attorney, she will comply.
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Craig m. Zacarelli |
is the photographer some sort of Lesbian-Pedophile? why would she take that shot to use on her card?? I think she didnt have any malicious reasons for it, prolly just thought it was "Artsy" Yeah, id tel her your contacting a lawyer and while she did take the shot, she did not get a release from you, the paretn.. OR the studio/school! Craig-
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- Kresta M. Book Contact Kresta M. Book Kresta M. Book's Gallery |
I am not sure why she loves this photo so much. She did not have a release from myself or the studio. Ther whole thing is weird.
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Jerry Frazier |
All you can do is get a cease and desist letter from an attorney. That should do the trick. If she doesn't stop, you can also charge her for the maximum fine. She doens't have a release so she can't use the image. There is no argument about it. But, since she is not cooporating the nice way, you have to start the ugly process.
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Splits in the air, which I can see. But in mid air, leaning back in a chair, AND aim at her crotch? That isn't sounding right. I'm still not seeing how a photo that wide enough to include their body plus face,(let alone also a chair) can be zeroed in on the crotch area. All while mid air. But anyway. Rights are not the same as usage. Which she's arguing copy rights from taking the picture. And you're arguing rights for useage. This still dosen't fit the typical MO of any exploitation. This is the same situation as when parents have ask me, or even the cheerleaders themselves, have ask me to get pictures of their cheerleader daughters in mid jump. You're most likely going to see the inside of one thigh.
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- Kresta M. Book Contact Kresta M. Book Kresta M. Book's Gallery |
thanks for all your help. I have got a lawyer on it at ths point.After being respectful asking for her to stop using the photo and getting nowhere I guess its time for the big guns.
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Brendan Knell |
"However, if she thinks that means she can use the image for anything other than editorial uses (newspaper, etc.) she is badly mistaken." Kerry, Mark F. said somewhere that even in an editorial, people are starting to need releases. I think he said, that if it's not a "public needs to know" story, you should get a release.
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Mark Feldstein |
First of all, since we don't have a copy of the image Kresta is referring to, I think it's inappropriate for anyone to really speculate about what it does or doesn't look like. The central issue here is whether anyone can lawfully publish the image of a minor without consent of the child's parents or legal guardians. The answer to that question is simply "no". The one exception to that is the news media exception to the model release law which clearly has no application in the context of publishing a business card. The rule, Irene, for your future reference is "publishing" in any form, whether in print or electronically like on the internet, for any purpose. For those interested, as Brendan correctly pointed out, and as I've said a few times here, even the news media exception to model releases as a means to invade someones privacy, has been significantly eroded by state court decisions over recent years. So, newspaper / magazine editors are even somewhat resistant to publishing images that at least on their surface, appear to be news worthy and that the public has a right to see such images absent a release. Now, I'm not advocating that photographers shove a release in the face of an accident victim as they're being loaded into the ambulance, or that the final act of police shooting victim be to clutch a pen and sign a release. What I am saying is that prudent photographers will get a release for people depicted in a photograph if they intend to publish the photo in any media, whether print or electronically. And once again, recall that a release doesn't protect you from getting sued. It does, however, act as the first line of defense if you do get sued for say invasion of privacy, defamation, wrongful appropriation of a likeness, ad infinitim. Okie dokie? So the issue in the present case is whether Kresta signed a release granting the photographer permission to publish an image of her kid. If not and he did publish those images, (printing on business cards is publishing), then he's on the hook for that (although my honest to goodness legal guess is that the actual damages would be negligible, if any). She's got a lawyer, let him handle it. And lastly, as I'm sure her lawyer would say, don't discuss the case with anyone (including us.... ;>) even after it gets resolved.
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Diane Dupuis |
Hey Kresta, Are you sure that you never signed on some of the dance sign-up forms that you give permission for pics of your child to be used to promote the studio? A lot of places will have a general statement to that effect when you sign up in case they get shots of your child they want to use for PR. Thing is if you signed that then you might have a problem. Also - what are we seeign - is it only the legs - or is your daughter's face identifiable in the pic? I'm hoping if you discuss it with the photographer/studio and explain your uncomfortableness with it that they'll understand. Thing is they've probably already spent money making these cards.
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- Kresta M. Book Contact Kresta M. Book Kresta M. Book's Gallery |
Hello all, I am glad everyone has been willing to help me out with this matter. I as Mark stated can no longer talk about this issue while it is being worked out. But I will say make sure where ever you have your kids doing activities you let everyone know you do not wish your child to be photographed without your knowledge or permission. You all have been great thanks!
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Not inappropriate to discuss how the pictures is described. Some schools will have parents sign a notice at the beginning of the school if they don't want their kid's picture used incase somebody from a newspaper comes to take pictures. Some soccer moms don't want that to happen. The hesitancy of some papers/editors to run photos without a release has probably come from some actually loosing a case that involved a photo that wasn't accompanied with an agreed upon interview. In some ways it reminds me of the McDonalds coffee case.
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