Rights of own picture in your neck of the woods

E

Englischdude

Senior Member
Hi All,

about 4 years ago I took my daughter to a local studio/shop for a photoshoot. I have not been back to the studio until today, and I was very surprised to see that they have made large canvas prints of 2 of the pics made 4 years ago of my daughter and are hanging them on the wall of their studio to serve as marketing/advertising tools.

I called a lawyer buddy of mine and he confims that this is definitely NOT legal, and this can only be done with my express written consent (rights over own picture or something). Even though the photo is the property of the studio, they are not entitled to do whatever they want with the content for the purpose of commercial enterprise.

Does this sound about right to you? Any ideas what the local laws are in your area?

Thanks for your feedback.
 
AC016

AC016

Senior Member
Well, as far as i know, they should have at least asked your permission and gotten you to sign a release form. On the other hand, yes, the photos do belong to the studio. If i were you, i would not approach the studio with all guns blazing. I would ask them why they never asked your permission and see where it goes from there. If they tell you they did not have to, then you should explain to them the laws (make sure you know them yourself). Essentially, try to come to an amicable agreement about the photo. To a degree, those photos are generating business for them; therefore, you should bring up the matter of money, but not in a demanding way. Again, be diplomatic about it. If you get no joy from them, then i suggest you get further legal advise. Lastly, be sure that you get evidence of these photos hanging on their wall. The could just take them down and then you have no case.
 
M

mikew_RIP

Senior Member
Difficult to know area to area,when my late wife ran her wedding and portrait business she would never use images in that way without consent,this was normally obtained in return for a 10x8 framed print as a thank you.
 
hark

hark

Administrator
Staff member
Super Mod
I don't know the answer, but doesn't it seem as if the photographer would need a signed model release to use the images for his/her own?
 
Whiskeyman

Whiskeyman

Senior Member
My question to you is did you give them permission to do so when the photos were taken? What did you sign, and did you read the fine print?

Is this more of an issue with the lack of them not asking your permission or that you don't want the photos of your child posted?

Whether its legal or not, it would be poor form to do so without your permission, IMO.

Act nicely about it though, as stated by AC016, and perhaps you can iron it out with them on friendly terms.

WM
 
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