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I just found out the photographer that did my family photos a few months ago put one of my son online without my permission, im not happy about it but I dont know if I have any right to be this upset.

OK so we got our pictures taken back in June. They came out great and everything but we just did it because the ad said they needed to fill spots and the pictures were free. I am looking for a photographer for my wedding in December and they had e mailed me. I didnt realize it was them until I looked at the website. I didnt plan on going through the albums but the wedding one but they didnt have many pictures in it. I went into the baby one and found a picture of my 11 month old son. I never ever gave them permission to post it on the website, nor did anything ever state that is what the pictures would be used for. I am not a happy camper. Can they post pictures of minors without parental consent or even telling them that they might use the pictures for it? I would have never known this picture was on their if I hadnt needed to start looking for a new photographer.

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mommyin07n08

Asked by mommyin07n08 at 6:38 PM on Sep. 3, 2009 in Babies (0-12 months)

Level 1 (3 Credits)
Answers (10)
  • Was there a contract for the photos? Read it carefully. Usually there is fine print saying that they'll be used for advertising. Technically the photos are the property of the photographer and can be used as s/he sees fit. a GOOD photographer doesn't use them without permission...but if you signed anything to GET these photos then you likely DID give permission.
    gdiamante

    Answer by gdiamante at 6:40 PM on Sep. 3, 2009

  • Are you sure that you didn't sign anything? Look at the fine print in the ad...it may have said that all rights belong to them...in that case, they can do what they want with the pics.
    Jademom07

    Answer by Jademom07 at 6:40 PM on Sep. 3, 2009

  • If there wasn't a contract even they could still post it, as it was their photograph and they have copy right permissions. But if you don't like that it is posted, just TELL THEM! They will most likely take it down, rather than causing a big to-do.
    Anonymous

    Answer by Anonymous at 6:41 PM on Sep. 3, 2009

  • Did you sign a contract? Model release form?
    Anonymous

    Answer by Anonymous at 6:47 PM on Sep. 3, 2009

  • In order to use the pictures for advertising purposes you HAVE to have the parents consent!  They can be very tricky with that though.  If you signed anything at all, it is probably on there.

    SecretSuzy

    Answer by SecretSuzy at 6:53 PM on Sep. 3, 2009

  • Copyrights. If they have anywhere in any of the paperwork that "all rights reserved" or "copyright....." it's their picture.
    Anonymous

    Answer by Anonymous at 7:03 PM on Sep. 3, 2009

  • I didnt sign anything. The ad only said need to fill empty positions, free family photographs. They e mailed me back and said they dont want any trouble for me
    mommyin07n08

    Answer by mommyin07n08 at 7:04 PM on Sep. 3, 2009

  • The person who took the photo always has the copyright to the photo. What that means is that they can reprint the photo as many times as they want.

    They do NOT have the RIGHT OF PUBLICITY! The right of publicity is the right of the individual person not to be used for commercial purposes without consent or benefit. For instance, let's say you got a candid shot of Tom Cruise, and you decide you're going to use that photo to imply he endorses a soda product. Although you have the right to reprint the photo, he can sue you for using his image improperly. You can still print the photo in a magazine, for instance, to say you saw them at location X-- that is not using it for commercial purposes.

    In this case, I would tell the photographer to cease and desist immediately and advise them they are in violation of your right to publicity.
    Busimommi

    Answer by Busimommi at 7:20 PM on Sep. 3, 2009

  • To clarify-- copyright means you own the picture itself, but does not give carte blanche rights to use it however you want.

    You can look this up in any intellectual property law book.
    Busimommi

    Answer by Busimommi at 7:21 PM on Sep. 3, 2009

  • Yes, I believe they can. The photographer owns the copyright, not you. You just purchased 'copies.' Our wedding photographer told us he could use our images on his website but like the previous poster said, he could not use it to sell a wedding dress in a magazine. The Internet has different rules than if your image were printed in a book, I believe.
    Anonymous

    Answer by Anonymous at 2:44 PM on Sep. 4, 2009

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