I truely need advise

[c.cloudwalker]

Wow!

All I can say is make sure and keep a record of all your communications with the pageant people whether email, oral, or whatever. If it actually became a suit you want to be able to put the blame on them. Doesn't sound nice but they messed you up.

 

[ghpham]

The images are down, all of them. When I signed up for this pageant the purpose was to take the images and then just donate a CD to the Pagean coordinators for use for their websites, but somehow it was announced that the images would be on my website for parents to view.
My only purpose then was for the parents and any other pageant moms to see that I can photograph pageants and so forth.
I've spoken to the parent and try as I may, she is just too difficult. I apologized repeatedly, I informed her that spoken to the cordinators and that they had all made sure that everyone knew I was there and where the images would be.
She didn't want to listen, infact she hung up on me...the images are down and I hope nothing more comes of this.
I just got an email from the pageant director telling me how sorry she is for all this and that she has gotten so many calls from parents wanting to take legal action and so forth...
I guess its just a matter of waiting.

If the pictures are down, I don't think you will need to worry much. You have not benefitted from posting the pics (money or otherwise), so they really have no legal leg to stand on. Good luck and chalk it up as lesson learned. I guess the Pageant didn't make it clear enough for the parents to understand eh?

 

[jeffreyamanning]

I think that most of the cases that end in lawsuits are the ones where the photographer refuses to take the photos down. As long as you're cooperative, I doubt they would pursue legal action. If they do, they need to get a life and realize that their child will be seen by the general public every now and again. The general public being the same people who occupy the world wide web... Remember kids, there are psychos and freaks in REAL LIFE too...not just on the internet!!!

 

[Flash Harry]

Are these kids in some state of undress, if so I'd not have took them and definitely not put them on the web, in fact the way things are I'd not photograph any kids without permission and at least the parent and someone else present. Sad isn't it. H

 

[bigtwinky]

Photographers who dont take down such pictures when the parent asks usually end up getting a Cease and Desist order from the courts when the parent goes to court to file a suite (and the courts deem the photos should be taken down). If they still aren't taken down, then you are looking at fines and such.

I'm not a lawyer, this is just my general understanding of what goes on.

People are very quick to say they are taking legal action as they think they can sue anyone and their uncle to make a quick buck. Its sad when I see so many TV commercials down in the US that keep pushing people to file lawsuites for any and everything.

 

[TheSolicitor]

The images are down, all of them. When I signed up for this pageant the purpose was to take the images and then just donate a CD to the Pagean coordinators for use for their websites, but somehow it was announced that the images would be on my website for parents to view.
My only purpose then was for the parents and any other pageant moms to see that I can photograph pageants and so forth.
I've spoken to the parent and try as I may, she is just too difficult. I apologized repeatedly, I informed her that spoken to the cordinators and that they had all made sure that everyone knew I was there and where the images would be.
She didn't want to listen, infact she hung up on me...the images are down and I hope nothing more comes of this.
I just got an email from the pageant director telling me how sorry she is for all this and that she has gotten so many calls from parents wanting to take legal action and so forth...
I guess its just a matter of waiting.

I'll address these items in bold. Before I do, I'll make it known that I'm merely a law student, not an attorney. I am not licensed to practice law in any state, and what I'm going to say is not to be take as legal advice. If it is taken as legal advice to the detriment of the user, I cannot be held responsible: I am disclaiming all warranties to the accuracy of this information, dependent on your jurisdiction, and a greater investigation of the facts. Now that we've gotten that out of the way...

It's a shame that you were intimidated by the threat of legal action to take your photographs off the internet. I think you made the right decision to pull the photos down, though, and just bide your time and see what the feelings of those parents were.

Apparently that lady's a *****. Point blank. They don't want to listen to reason, or hear another side of a story--it's their way or the highway. I hate that for you, but you don't want to deal with someone so unreasonable.

If you are concerned about being sued, you should go ahead and talk to an attorney, locally. Many will do a free consultation meeting to chat with you about what your rights are, and what defenses you have to any courses of legal action that may be taken. You should also discuss with that attorney, if you choose to go that route, whether or not you would be protected by the charity that hired you for the shoot (it would also behoove you to discuss this with them). Rather than waiting and getting slapped with a lawsuit, I'd go ahead and be proactive and get a legal opinion on your rights, and then if something does come of it, you can be ready.

I don't feel like the parents have a legal claim, unless there's something going on with your website where the photographs were interspersed with that of nudes (which I doubt) or something like that. This is truly a sh*tty situation, and I hate that over-caffeinated, helicopter parents have put you in such a spot. People really are disappointing sometimes.

 

[jenn2]

Thank you so much The Solictor, I have taken many precautions lately to be ready just in case she wants to try anything.
Thanks again

 

[c.cloudwalker]

Now, move on. Don't let it eat at you. First, it will most probably not go any further and, second, stress is not good for you

 

[KmH]

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 (Actually it sounds like it was a private event, open to the public, a very different animal) 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. Right here - you refer her to the charity organizers.
She proceeded to accuse me of exploiting her child....is she correct??? This is where I ask for the name of her attorney, so my attorney knows who to send a copy of the defamation of character law suit paperwork on if she goes spewing such nonsense in public.
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??? If children other than your own are involved, it's a good idea (but oh so sad) to do so.

If you are going to continue taking photographs of people, you really need to understand what you legally can and cannot do and how to defend yourself in the moment.

You can be sued by anyone for just about anything, even when they are dead wrong. Unfortunately, even when someone files a suit that has no merit, you still have to jump through the hoops and spend the money to defend yourself.

 

[jeff000]

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!!

What kind of things were said? Did you save a copy of what was said?
Being that it was on Facebook this would be Libel and not Defamation of Character, but thats neither here nor there at this point.

Photographers who dont take down such pictures when the parent asks usually end up getting a Cease and Desist order from the courts when the parent goes to court to file a suite (and the courts deem the photos should be taken down). If they still aren't taken down, then you are looking at fines and such.

From the sounds of it the lady would not have gotten a C&D order. I have had a few people threaten to sue me, when I hand them my lawyers card to let them know where to send the papers they generally just go away. Only once has someone actually tried to sue me, ended up taking 14months and ~7500 bucks. She lost and I won my counter suit, for legal costs and damages and interest, totaling almost 25k. This was 3 years ago now, I got the majority pretty quick but still get checks from garnishments on her checks.

If I had to do it over again I still wouldn't back down. You have to hold your ground and stand up for your rights.

If you make money from photography spend 500 bucks to have a sit down with a local lawyer and have him go over your rights, and then spend 200 bucks for him to draft you a proper release instead of using a template off the net.

Basically you were the photographer for a private event open to the public, little different then in public. basically you can use the images for your own gain in a portfolio sense, but the event holder would be the one to be named in any suit. They had no right to request to have the images taken down. (I am assuming these pictures were legal, not sexual or exploitative in any way) Should have told her to pound sand and filed a Libel suit.

 

[burstintoflame81]

The reason why typically commercial pictures need model releases, is because they are usually being used in marketing. When you use someones image or likeness to promote a product or service you are in a way associating that person with the product. For instance, if I took a picture of your mom and used in an alcoholic ad. Or you took some teenagers photos and made a giant ad for herpes medication and were placing it in every magazine. Thats where the problem comes in. So if you are in some way profiting off of that specific persons image or likeness without their permission, you are wrong. If it is strictly editorial ( like newspapers, or if your website merely documents the evenings events ) then you are perfectly within your legal rights. However, its always good business to try and appease people. If its just one lady, you can explain to her that you are completely within your legal right, but given that taking down her pictures would not severely impact your editorial goal on your website, you will oblige out of courtesy. That way they get the point that you can tell them "F*** Off" but you are being kind. Now if they are being arrogant and harrassing you, then tell them to take a hike.