Photo rights?

Sh4rkie

Sh4rkie

Sh4rkie

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Joined
26 Mar 2007
Posts
1,608
I suspect i know the answer to this already but if you don't ask...

My gf had some boudoir shots done for me for a present (if any GD posters are here no the thread isn't getting pictures). This was a very personal gift for me and not to be shared as you can imagine.

The tog who took the photos has uploaded a couple of them to their site (sample gallery) which as you can imagine i am not impressed about. I'm not comfortable with it, being honest that is rather an understatement.

My gf has already requested that they be taken down as she has made it clear she does not want them on the site and it was a personal gift. Still one remains with a very loose "we'll replace it when we have something to fill it's spot" type of answer (not word for word but approx).

I have a horrible feeling as the rights lie with the tog for the photos they can pretty much do what they like even if it goes against the wishes of the client? Doesn't make for a great tog but that's not my issue here, the photo being up is.

Thoughts?
 
Was any sort of contract signed before the shots were done? If so then the chances are there will be a clause in it somewhere saying that the photographer may use the images as they see fit. There will be some small print somewhere i would imagine that covers the photographer. Maybe someone more knowledgeable in this field can give their thoughts.
 
The togs retain copyright over the images, unless the copyright was purchased. However, I believe that in order to publish a photo, you need to get any subjects permission, preferably in writing. I'm not sure whether posting on the internet counts as 'publishing' - I think it does.

My hunch is that they're in the wrong, because they've published a photo of someone for commercial purposes without permission.
 
The person in front of the camera has equal rights as the person behind it.

Did you girlfriend sign a model release form?, if so then things get a little bit more complicated.

Generally though, if you tell them that you do not want the pictures to be used online or for any kind of advertising they have to comply with your wishes.

At least that is what I understand from my limited time in the field of photography, don't take it as gospel until the more experienced members of the forum drop in and advise you.

Best'o'luck. :)

[edit]Heh, you guys are quick![/edit]
 
Thanks for the very quick replies. No release or paperwork was signed. And it was made it very clear to start with that the photos were not to be used by them, it was after this that two appeared online, and then one was taken down after a futher request was made and the last one remains with the whooly excuse given above.
 
BloodyL said:
The person in front of the camera has equal rights as the person behind it.
Click to expand...

This isn't strictly true - the copyright, along with most other rights, lies entirely with the photographer. That doesn't mean the photographer is free to publish whatever they want for whatever reason.
 
BloodyL said:
I thought that it was equal and that is why a release form is needed to transfer the subjects rights over to the photographer?
I learned something new today. :)
Click to expand...

I believe a release form allows you to publish that picture. Obviously, there are certain situations where you're allowed to publish without a release, for example in journalism.

Which is why you're allowed to take a picture of anyone or anything you want in public, if its for your own personal use (assuming the government doesn't decide to meddle).
 
If you didn't sign anything then you have a chance. A model release form is usually required for publishing, except for the media which are allowed to display anyone, unless as pointed out above, the person is a witness etc.

Anyway, to run a good business he should take the photo down. But you have to realize, that by default the photographer has the main legal rights over your photos.


Even if he takes it off the website, he may still use it in his portfolio to show clients.
 
Well this is all turning a bit nasty.

The tog has replied and now said they won't remove the last photo until she pays them £57.00. They claim they had a verbal agreement that she could have two extra photos if she agreed to have the pictures published, which she did not. Now she wants the photo removed she now has to pay for the privilege.

In December when my gf contacted the tog to make it clear the photos were not to be used online the tog replied back that it was fine, no mention of in lieu fees etc. They then used two photos anyway and are now holding my other half to ransom to have the last one removed. I'm furious about the whole thing but not sure where to turn to next.
 
Ouch. Thats not cool. Seek legal advice. Then when the pics are taken down, spam every photography forum/website/magazine you've heard of and destroy his business... Maybe. :D He should really be a little more careful about his reputation.
 
Sh4rkie said:
Well this is all turning a bit nasty.

The tog has replied and now said they won't remove the last photo until she pays them £57.00. They claim they had a verbal agreement that she could have two extra photos if she agreed to have the pictures published, which she did not. Now she wants the photo removed she now has to pay for the privilege.

In December when my gf contacted the tog to make it clear the photos were not to be used online the tog replied back that it was fine, no mention of in lieu fees etc. They then used two photos anyway and are now holding my other half to ransom to have the last one removed. I'm furious about the whole thing but not sure where to turn to next.
Click to expand...

Unless the tog has that agreement in writing, it's meaningless. You could seek legal advice, check with the CAB or any lawyer friends.
 
verbal agreements mean nothing

its what in writing that counts

ask him to show you in writing where it says you have to pay anymore money and that as far as you are concerned you have paid up in full

say that you have not given a release for these pictures to be used and demand that they are taken down immediately

tell him that you will take legal action against him and seek all costs when you win
 
Things have moved and they're now demanding the additional fee for two photos or the return of two of the photos, the photo is still up on their site.

Have a meeting with a a solicitor next week (free hour) to see what we can do now so i won't comment further or name them.
 
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