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Photography Question 

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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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December 19, 2002

 

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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December 19, 2002

 

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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December 21, 2002

 

Jeff S. Kennedy
  If you didn't sign anything as you say, then no he can't do that.


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December 24, 2002

 

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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January 07, 2003

 

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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January 07, 2003

 

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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January 19, 2003

 
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