Hello there,
I would be very grateful for any help regarding this issue as it is causing alot of hurt and embarrassment and has even led to the person in question losing their job..
If a professional photographer has taken nude photos of you but will not and cannot provide proof that the person has signed any contract agreeing and giving permission for them to be used in any way and has posted them on their website can legal action be taken to have them removed?
After many emails dating over a year the photographer is not cooperating with removing the photos from his website and he is also aware of other websites clearly infringing his copyright by using the images with his copyright watermark on them but will not ask them to be removed. Surely if he cannot prove he has permission to do what he likes with them something can be done?? And if so under how will the person go about it?
Please please help, thanks very much
Hello David ,
Your response seems to differ greatly from the other responses and opinions here . Some of the things that you have qouted from my initial post are incorrect so maybe you have misinterpreted the situation .
I wondered what your position was as Im not sure if anyone can just post a response here - do you have legal knowledge of this issue / are you qualified to comment ?
Thanks
A
As with the OP, your daughter's issue is not a copyright issue. As creator of the photos the photographer owns copyright, but has gone on to exceed what was agreed would be done with the photos.
The crucial question is : did your daughter sign a model release, and what did it say? The photographer should not be marketing the images for advertising or marketing use unless a release exists. But having said that, it is the user (publisher) of the image who should ensure a valid release is available, as explained at http://copyrightaction.com/faq/why-might-i-need-a-model-release
If there is no release, your daughter probably has a claim against the users of the images for a modelling fee (and they may in turn have a claim against the photographer, if the photographer represented that a valid release existed when it did not).
But it sounds like that is rather bolting the stable door, and she really wants to prevent further sales, in which case she needs to contact the photographer and tell them that she has never given permission for such usage and will hold them liable for damage to her reputation and commercial losses if the images are not immediately withdrawn from sale. Do this in writing, recorded delivery, and require a written response.
Sorry if this is a woolly response, but we need to know exactly what was agreed between her and the photographer, whether a release was signed and what it said. We also need to know whether she was under 18 at the time, as specific extra protections exist for young models doing commercial work.
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Hi,
Im looking for some advice about the following issue .
My daughter is a musician she has just completed her masters and her career in performance will often involve her photographs being used to publicise and promote her career and the productions she performs in.
Whilst in her undergrad years she babysat to earn extra money , for people who were often involved in musical / media careers. On one occassion the wife, of someone she babysat for who was a photographer ( unsure if profession or hobby ) asked if she could take some photos of my daughter to use for her own work .
Since then my daughter has been made aware that her photos have been used widely , it was brought to her attention by friends that her photo had been used for a billboard in one particular city ! her consent has never been sought . Now we have discovered that her photo has been used for a book cover , Im sure that her photos have been sold to many different individuals / businesses extensively and that my daughter should have been entitled to some payment for this ?
A further concern is that her career progresses and she becomes more famous , thre may continue to be incidents where her image is used without her consent for products she may not wish to endorse or be connected with .
Really grateful for any advice anyone can offer .
Thanks a
Interesting on many levels.
This is not a copyright matter as such, as the photographer will own the copyright, unless there is something else here that has not been stated.
How on earth does the 'Professional' photographer get to take nude pics of a person without that persons express permission?
What kind of contract, and under what terms were the photographs taken?
Simply displaying samples of work on a web site may not be an offence.
Displaying images where permission was specifically not given by the model is possibly something else.
It will depend on the contract written or otherwise between the model and the photographer, and where exactly these pictures have been published.
A model release would certainly be needed if these images were to be used in advertising, but if they are merely being used as an example of work, it may not be an offence at all.
The only person who can act against copyright thieves will be the copyright owner. If he/she is not bothered, there is little anyone else can do when it comes to copyright. If however, images of a model have been published when no model release is available, then it is possible that action maybe taken against this publisher.
If we are talking Facebook sites, or other personal networking sites then it will become more an more difficult.
More info needed before any suggestions can be made - sorry.
This really isn't a copyright issue. It hinges on privacy, a rapidly evolving area of law where photos are concerned that is mainly based on Article 8 of the European Convention on Human Rights and the UK's Human Rights Act 1998.
My gut feel is that unless the photographer can produce a model release or other evidence of agreement to the usage, they are potentially liable for a damages claim that would include financial losses due to the model losing their job, and compensation for emotional suffering.
I think the model should speak to a lawyer about this matter. The details of what was and wasn't agreed, and the subsequent emails, are likely to be vitally important here. It's possible that one of the legal firms listed in our legal links may be able to assist.
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