Photographer using my photos.

[Maximus3]

Thanks

 

[qleak]

Hello,
I was wondering if anyone could give me advice. In the past, I asked a photographer friend to take some fitness photos of me. These photos were for my own use, and I never signed a model release. She has since put a specific photo of me in photo exhibits, and she has them tagged all over the internet. Some with tags that I consider inappropriate. I have asked her to remove these photos and she refuses and has told me that they are part of a permanent collection. The photos she has posted on various websites online include my full name, and in such are indexed on Google. I have tried to handle this in a friendly manner but it doesn't seem to be doing much good. I am afraid that these photos can tarnish my reputation. What can I do?

Consult a lawyer.

You can get some general advice here, but it depends highly on the conditions under which the photos were taken. It is also possible that the photographer is within their rights and you may not be able to do anything. The only way to know for sure is to hire an attorney who specializes in these sort of cases.

 

[ruifo]

Agreed. Consult a lawyer, not a forum.

 

[DGMPhotography]

Hello,
I was wondering if anyone could give me advice. In the past, I asked a photographer friend to take some fitness photos of me. These photos were for my own use, and I never signed a model release. She has since put a specific photo of me in photo exhibits, and she has them tagged all over the internet. Some with tags that I consider inappropriate. I have asked her to remove these photos and she refuses and has told me that they are part of a permanent collection. The photos she has posted on various websites online include my full name, and in such are indexed on Google. I have tried to handle this in a friendly manner but it doesn't seem to be doing much good. I am afraid that these photos can tarnish my reputation. What can I do?

I hope you didn't join this forum just to post this question.

Like the others said, you should ask a lawyer friend or something.

If I was the photographer, I'd be pretty annoyed if my friend wouldn't let me use the images we took for promotion, so only the model is getting something out of it.

 

[Light Guru]

Like others have said talk to a lawyer.

If they truly are just fitness photos how are they going to tarnish your reputation? If you feel like any photo could possibly tarnish your reputation why would you willingly let it be taken at all?

 

[KmH]

Though the photos were for your use, the photographer likely owns copyright to the photos.
Your profile doesn't say what country/state you are in so no one here can offer any specific advice.
Indeed, an online photography forum is a poor place to seek legal advice, and you are well advised to consult with a qualified attorney.

Here in the USA, a valid model release is not needed to exhibit the photos, because exhibiting photos is an editorial use of the images.
If the photos were made under controlled conditions, like in a studio, in private, or on-location using supplemental lighting and props then the photographer is well advised to have a valid model release on file for all the images made.
Commercial use of a person's likeness is safer, from a legal perspective, for the copyright owner if the copyright owner has a valid model release on file.

Note that to the average person commercial use and editorial use definitions are not as straight forward as many think.
For example.
Selling prints of a photo that has people in it is considered an editorial use, not a commercial use, as long as the prints are not mass produced and widely distributed. There is no set number that defines "mass produced".

Nussenzweig v. DiCorcia - Wikipedia the free encyclopedia
Photo Attorney Commercial vs. Editorial Use of Photographs of People
Personality rights - Wikipedia the free encyclopedia

 

[480sparky40 39]

"Part of a permanent collection" is not a legal term. You're getting smoke blown up your skirt with that one.