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Advice for Moms Advice for Moms

Photo rights: Hers or Mine?

Posted by on Mar. 7, 2013 at 10:44 PM
  • 16 Replies
I need help!! I recently hired a former coworker to take photos of my babies. She has photographed my husband and I before and we had some problems with her professionalism, but we let it slide because I knew her from work (she was nearly an hour late every time we met for a photo session or related meeting, brought her kid whom I then pretty much had to babysit because she wasn't paying attention to her, etc.). So this time, she shows up an hour and a half late to our photo session (which she's known about for months) and brings her toddler with her without asking my permission. Let me point out here that once again, she knew she was coming here, so it's not my fault that she "forgot to ask her parents to watch him". If someone that I am paying for a service wants to bring their kid to my home, I'm sorry, but they need to ask me first. To which I'd have said no, we can reschedule, and why? Because my babies were TWO WEEKS OLD. I don't want some dirty ass rugrat coming in and getting them sick. Guess what happened? The little shit SNEEZED IN MY NEWBORN SON'S FACE, before/after and while touching him all over with his nasty, dirty hands. My baby got sick, passed it to his twin brother, and then to me and my husband. This is in addition to running rampant through our apartment and getting into all our shit, pulling our cats' tails, etc. I was FUCKING PISSED. So now the "photographer" (though I must say I reserve that term for professionals) is ignoring my attempts at contacting her after I told her I was not happy with the photo quality or the situation overall. She is pissed at me for voicing my displeasure with her epic fail. My question is, who, ultimately, do these photos of MY babies belong to? We never signed any agreements or anything, and I am already not okay with her posting my babies' half-naked pictures all over the internet, but she SURE AS SHIT better not if she's not going to at least sell them to me as we agreed already. Can I demand that she remove them and never publish them if we haven't signed any agreements? They are MY children. Her photographing them, frankly, was a privilege because I could and SHOULD have taken my business to a real professional. Basically I'm just sick of her shit. If she deprives me of the ONLY PHOTOS of my babies that were taken "professionally" at that age (because I'm sorry but we can't go back to that time to get photos captured), I will turn into megabitch momzilla and rip her hair out. If you can't take criticism from paying customers for your fuckups, DON'T TRY TO START A BUSINESS!
by on Mar. 7, 2013 at 10:44 PM
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Replies (1-10):
MamaSnaps
by on Mar. 7, 2013 at 10:49 PM

Copyright law in the US says that they belong to her. Sorry!

MamaSnaps
by on Mar. 7, 2013 at 10:51 PM
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However, if you did not sign a model release she cannot use them for ANYTHING. Not her website, facebook, print to show in a studio. NOTHING. And depending on what state you live in you may be entitled to compensation of some sort if she did require you to sign a model release. Not many, but a few. CA is one of them. 

Aqua_Jen
by Bronze Member on Mar. 7, 2013 at 10:51 PM
I'm pretty sure she has to have you sign a model release to be able to use any if your pictures.
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MamaSnaps
by on Mar. 7, 2013 at 10:55 PM

This link is for models, but you and your children were models in this instance: http://www.photosecrets.com/photography-tips-models-when-is-a-model-release-required

Send a certified letter requesting that she remove the images immediately and never again display them in any way or you will be contacting the lawyer. 

Further, for a photographer the word of mouth and reputation is a HUGE HUGE HUGE part of their business. If you want to review that is your perogative. 

sabrtooth1
by on Mar. 7, 2013 at 11:14 PM
1 mom liked this

Lemme get this straight.  You had PROBLEMS with this person BEFORE.  She was late, brought her children with her, and did not supervise or restrain her children.  But you asked her to take photos at your home AGAIN.  And AGAIN, (no surprise, I might add) she is late, brings her children with her, and does not restrain or supervise them. 

You NEVER signed any agreements.  NOTHING IN WRITING stating that the photos SHE is taking, on HER OWN camera, are YOUR property.  NOTHING IN WRITING stating that the photos she has taken, on her own camera, are NOT to be used for commercial distribution or advertising purposes.  NOTHING IN WRITING stating what kind of photos were to be taken, how many, when they were to be delivered to you and at what price.

And since you are complaining she has not sold them to you, YOU HAVEN'T PAID FOR ANYTHING.

NO, you have no rights.  Which is as it should be, because you have no brains, either.

MamaSnaps
by on Mar. 7, 2013 at 11:18 PM
1 mom liked this

sorry, that's not true-well the no rights part of it. She has every right to have the images removed. Regardless of whether payment crossed hands or not. 

She can't force the woman to sell her the images-well, actually she can take that to court too and very conceivably win. There was a verbal agreement and expectation there that the mom would be allowed to purchase the images in print or digital form at the photog's present prices.

I've been a professional photographer for over 20 years and I teach The Business of Photography 2 semesters a year. 

MamaMerkle126
by on Mar. 7, 2013 at 11:25 PM
I asked for advice, not your judgment, you rude, angry bitch. Not that it's any of your concern, but I went back to her because she was supposed to be a friend and she needed the business. Like I said though, not your business. So frankly, fuck you.
Quoting sabrtooth1:

Lemme get this straight.  You had PROBLEMS with this person BEFORE.  She was late, brought her children with her, and did not supervise or restrain her children.  But you asked her to take photos at your home AGAIN.  And AGAIN, (no surprise, I might add) she is late, brings her children with her, and does not restrain or supervise them. 

You NEVER signed any agreements.  NOTHING IN WRITING stating that the photos SHE is taking, on HER OWN camera, are YOUR property.  NOTHING IN WRITING stating that the photos she has taken, on her own camera, are NOT to be used for commercial distribution or advertising purposes.  NOTHING IN WRITING stating what kind of photos were to be taken, how many, when they were to be delivered to you and at what price.

And since you are complaining she has not sold them to you, YOU HAVEN'T PAID FOR ANYTHING.

NO, you have no rights.  Which is as it should be, because you have no brains, either.


Tatiana7
by Member on Mar. 7, 2013 at 11:28 PM
Eep!

Quoting MamaMerkle126:

I asked for advice, not your judgment, you rude, angry bitch.

Not that it's any of your concern, but I went back to her because she was supposed to be a friend and she needed the business. Like I said though, not your business. So frankly, fuck you.



Quoting sabrtooth1:

Lemme get this straight.  You had PROBLEMS with this person BEFORE.  She was late, brought her children with her, and did not supervise or restrain her children.  But you asked her to take photos at your home AGAIN.  And AGAIN, (no surprise, I might add) she is late, brings her children with her, and does not restrain or supervise them. 

You NEVER signed any agreements.  NOTHING IN WRITING stating that the photos SHE is taking, on HER OWN camera, are YOUR property.  NOTHING IN WRITING stating that the photos she has taken, on her own camera, are NOT to be used for commercial distribution or advertising purposes.  NOTHING IN WRITING stating what kind of photos were to be taken, how many, when they were to be delivered to you and at what price.

And since you are complaining she has not sold them to you, YOU HAVEN'T PAID FOR ANYTHING.

NO, you have no rights.  Which is as it should be, because you have no brains, either.



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atlmom2
by Ruby Member on Mar. 7, 2013 at 11:43 PM
Photographers usually own the rights for 50 years. We wanted to get my in laws wedding picture on a cake. The bakery did not want to do it. We were like its 45 years old. They finally did it. Who the hell cares.
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cjsmom1
by Silver Member on Mar. 7, 2013 at 11:55 PM

I want to start off by saying wow. I would never refer to any child is the manner you referred to "your friends" child. With that said you would probably have to look up the laws in your state. If she refuses to take the pictures down you will probably have to take her to court. Is there a reason she's ignoring your calls and not giving you the pictures? Did you pay for them? Sadly doing business with friends can lead to a lot of legal issues when things don't go the way they're supposed to.

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