I truely need advise

Discussion in 'Beyond the Basics' started by jenn2, Apr 14, 2010.

  1. jenn2

    jenn2 TPF Noob!

    Joined:
    Oct 29, 2009
    Messages:
    23
    Likes Received:
    0
    Location:
    Texas
    Can others edit my Photos:
    Photos NOT OK to edit
    A couple of weeks ago I donated to a local chairty Pageant and I was invited to go take pictures of the event and then post them on my website. Since it was a public event I did not obtain a release form from the individual parents.
    Well now I have one parent in particular lashing out at me for having her daughter's images on my site and demanding that I pull them off.
    She proceeded to accuse me of exploiting her child....is she correct???
    Should I have obtained a release form from each parent even though it was announced numerous times that I was there and that the images would be posted on my website???
     
  2. Gaerek

    Gaerek TPF Noob!

    Joined:
    May 2, 2009
    Messages:
    1,341
    Likes Received:
    98
    Location:
    Sitka, AK
    Can others edit my Photos:
    Photos OK to edit
    I'm not a lawyer, and I'm not up on the laws, especially concerning states outside my own, but I think the real thing to discuss is, what are the purpose of the photos? Are you making money on your site? If so, that is a commercial use, and as far as I know, you would very likely want a release. If they would be considered more fine art, (even if you're selling) you wouldn't necessarily need a release. There are other people here who are more knowledgeable than me, but this is what I understand.

    EDIT: I guess it would depend on the content also, perhaps. Are the photos in question just of this kid? Or is it like a group of kids? There's a lot to consider, and this is a very confusing area.
     
  3. Formatted

    Formatted TPF Noob!

    Joined:
    Dec 20, 2009
    Messages:
    1,390
    Likes Received:
    65
    Location:
    England
    Can others edit my Photos:
    Photos NOT OK to edit
    The charity are in the wrong not you!

    For them to use it in the way they have, it requires a model release form. If they are using it editorially then they do not.
     
  4. bigtwinky

    bigtwinky No longer a newbie, moving up!

    Joined:
    Oct 6, 2008
    Messages:
    4,820
    Likes Received:
    285
    Location:
    Montreal
    Can others edit my Photos:
    Photos NOT OK to edit
    Other than it being announced, was the fact that the pictures would be displayed on a website written anywhere? On the back of a ticket, on a flyer,...?

    Keep in mind that people are hypersensitive these days about their photos and their kids photos. While there are dangers out there, the media spins things in a way to make everyone paranoid about what is going on. Add to that the fact that people are all sue happen, makes people hypersensitive.

    As stated, if your website is just a display of your work, no intention of selling, then there are no issues. If you use your website for commercial gain, then model releases are usually required.

    As the photographer, it is up to you to either ensure that model releases are had or that the intent to publish is disclosed. Either do it yourself, or discuss this with the company to ensure they are aware and doing it. In the case that some frenzied parent wants to burn you at the stake, then you are kindly redirect them to the company in charge
     
  5. Sachphotography

    Sachphotography TPF Noob!

    Joined:
    Jun 17, 2009
    Messages:
    1,229
    Likes Received:
    1
    Location:
    Tulsa, OK
    Can others edit my Photos:
    Photos NOT OK to edit
    I would not fight with them. I would write a letter explaining things in detail and ask for their permission. If they say now just take them down. It is not the end of the world.
     
  6. jenn2

    jenn2 TPF Noob!

    Joined:
    Oct 29, 2009
    Messages:
    23
    Likes Received:
    0
    Location:
    Texas
    Can others edit my Photos:
    Photos NOT OK to edit
    Thanks for the feedback, each parent did receive material stating that I was there taking pictures and that I was going to post them on my website. Never were they told that I was selling them.
    I even made sure to ask the organizers of the event if there is anyone I was not to photograph to which they said no.

    Now I have this parent who yea is wanting to take legal action.

    Her daughter also won a photo sesssion and 16x20 print from me and now I don't know what the correct procedure for this would be.
     
  7. jenn2

    jenn2 TPF Noob!

    Joined:
    Oct 29, 2009
    Messages:
    23
    Likes Received:
    0
    Location:
    Texas
    Can others edit my Photos:
    Photos NOT OK to edit
    I guess my question is what rights do I have if all I want is to show others my abilties. I am open to selling some of the images if a parent asks me to but under no circumstances are they on my site for that purpose. I have them there because it was something new I was trying and I wanted people to see.
     
  8. scorpion_tyr

    scorpion_tyr No longer a newbie, moving up!

    Joined:
    Nov 15, 2009
    Messages:
    577
    Likes Received:
    60
    Location:
    Longview, Texas
    Can others edit my Photos:
    Photos NOT OK to edit
    My understanding of the law is this. Once you press the shutter release you own the copyright to that image. You can't sell or make money off that image without a model release. As long as it was a public place you should be fine with just posting the picture on your website. Especially if the parents were handed printed material that stated you would do such. I suggest you explain to the parents that you're not making any money off the photograph. If they still want their daughter's image removed then it is up to you to decide if you want to take it down or not. If you really don't want to then remind the parent that he/she should read a little more carefully.

    If your business depends on the opinions of your clients then you might just want to make them happy and take down the image.

    Either way I would still offer the shoot that she won, make sure to explain to the parent very clearly your terms and conditions and have them sign a model release or photo agreement.
     
  9. bigtwinky

    bigtwinky No longer a newbie, moving up!

    Joined:
    Oct 6, 2008
    Messages:
    4,820
    Likes Received:
    285
    Location:
    Montreal
    Can others edit my Photos:
    Photos NOT OK to edit
    If the parents received material that pictures are going to be taken and posted, then I would direct the parent in question to the organizers of the event and have them deal with it.

    You were working for them, so the parent's beef is with them.
     
  10. ghpham

    ghpham TPF Noob!

    Joined:
    Dec 16, 2007
    Messages:
    535
    Likes Received:
    0
    Can others edit my Photos:
    Photos OK to edit
    If you don't have money to hire council, then I suggest you take down the picture as the parent requested. They may not win in court mind you, but do you really have the time and money to deal with this?
     
  11. Alan92RTTT

    Alan92RTTT TPF Noob!

    Joined:
    Apr 5, 2010
    Messages:
    272
    Likes Received:
    13
    Location:
    Madison Heights, Mi
    I think this is the best response.

    While it sounds to me that your in the clear that will not stop the parents from causing you problems. its better to just remove the image and let it be.
     
  12. jenn2

    jenn2 TPF Noob!

    Joined:
    Oct 29, 2009
    Messages:
    23
    Likes Received:
    0
    Location:
    Texas
    Can others edit my Photos:
    Photos NOT OK to edit
    yeah I agree. I did remove them once I spoke to the parent, and I would have done so had she actually been up front with me instead of being bordeline hateful.

    sigh.... however the commets she left on my facebook page although I deleted them many people still read them and that puts me in a bad light.
    From now on I will simply require a release form, public event or not!!
     

Share This Page