BetterPhoto Member |
When You Find a Picture of Your Child on a Website A few months ago I paid a photographer to take some pictures of my daughter for a portfolio. She has always been interested in modeling. He sent us slides of the pictures. Recently I was looking at a website from a business card he gave me, and there are several of my daughter's pictures on the website advertising his photo shoots for modeling portfolios. I did not give him permission to use her pictures, did not sign anything, and he didn't ask permission. Can he do this?
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Jon Close |
Did you have a written agreement with your photographer? What does it say about who retains what rights to the images? If you do not have contract or use of the images is not addressed, I'd first simply ask the photographer to remove your daughter's images from the website. I'd then consider consulting a lawyer to either force the photographer to comply with your wishes, or to explain to you why the photographer retains rights to the images and steps you can take to avoid this problem future dealings with photographers.
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Damian P. Gadal |
Did you sign a release? If not, I think you can ask for the photos to be removed from his site....
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Jeff S. Kennedy |
If you didn't sign anything as you say, then no he can't do that.
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Harry Brown |
It's a marginal area, but clearly commerciaal use of an image requires permission of the model or her guardian.
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Harry Brown |
It's a marginal area, but clearly commerciaal use of an image requires permission of the model or her guardian.
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Susan Doehling |
Wwhen I photograph anyone, I have a disclaimer at the bottom of the invoice that THEY MUST SIGN to get their proofs; it states that I retain the rights to use this image in any way that I want to, in order to promote my business and my studio. If I am going to send the images to PictureStock.com or any stock company or enter any competition, I get the usual release signed by the client. Using any photo to promote the studio and photo skills of a photographer is expressly permissable.........as long as they sign on the dotted line.
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