bzymom Posted June 1, 2011 Share Posted June 1, 2011 To summarize, a photographer took pix of one of my d/s and my d/d at their music studio. She arranged with the studio to offer these sessions. Those of us who were interested made appointments for the sitting, and afterwards she sent us a link to the proofs on her website and we ordered our photos. I was pleased with the photos and purchased them, though they were pretty expensive for us! Today I found that she had used a photo of my d/s and a photo of my d/d in a poster for her business. I never signed a release, and she never contacted me to ask if we minded, or to let us know she was doing so. I am not going to go nuts over it, but it bugs me. I spent a lot of $$, and I think if she wanted to use the photos in such a commercial manner, she should have checked with us. I wouldn't care if they were in her portfolio when she was soliciting jobs, but this is quite public. Is this a common practice? And do I just let it go? Quote Link to comment Share on other sites More sharing options...
ChristusG Posted June 1, 2011 Share Posted June 1, 2011 No, this is not common practice. I'm a photographer myself and she should have gotten a signed release from you. I'd call her on it. Usually a photographer will offer something in return for a model release. Quote Link to comment Share on other sites More sharing options...
NicAnn Posted June 1, 2011 Share Posted June 1, 2011 No, this is not common practice. I'm a photographer myself and she should have gotten a signed release from you. I'd call her on it. Usually a photographer will offer something in return for a model release. :iagree: A friend had pictures done for her website and the photographer had us all sign releases just in case she wanted to use them on his own website. I would not be ok with someone using my DDs picture without permission. Quote Link to comment Share on other sites More sharing options...
fhjmom Posted June 1, 2011 Share Posted June 1, 2011 No, this is not common practice. I'm a photographer myself and she should have gotten a signed release from you. I'd call her on it. Usually a photographer will offer something in return for a model release. :iagree: (except for the "I'm a photographer" part; although I am an avid amateur). We had DS's baby pics made at a studio. They called several months later and asked if they could use one of his photos as a display - it was hung in the maternity ward of a local hospital. It was kind of funny though because the pic they chose was of just mine & DS's hands; no identifying features at all, and they still asked permission. We had the option of purchasing the picture later for just the cost of the frame. I didn't buy it though. Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted June 1, 2011 Share Posted June 1, 2011 I'd be extremely angry. No, its not okay or common as far as I know. Quote Link to comment Share on other sites More sharing options...
KristinaBreece Posted June 1, 2011 Share Posted June 1, 2011 (edited) No, this is not common practice. I'm a photographer myself and she should have gotten a signed release from you. I'd call her on it. Usually a photographer will offer something in return for a model release. :iagree: Everything she said. I've never photographed anyone without some kind of contract, either permitting my use of their image in print or denying their consent for that kind of use. And I always give some kind of compensation (usually a free session or prints... sometimes both) to people who sign a model release for me. ETA: I would also like to add that if she didn't give you a copyright release & YOU used those images to advertise your DC's musical abilities, you might find yourself facing a lawsuit for copyright infringement. If you were so inclined, there could be a case against her as well. FWIW, I would call her & ask her to take them down or (maybe AND, depending on how p*ssed off I was at the time... it's not outside the realm of reason) compensate you for using your DC's likenesses. Edited June 1, 2011 by KristinaBreece Quote Link to comment Share on other sites More sharing options...
Ellesmere Posted June 1, 2011 Share Posted June 1, 2011 I am not going to go nuts over it, but it bugs me. I spent a lot of $$, and I think if she wanted to use the photos in such a commercial manner, she should have checked with us. I wouldn't care if they were in her portfolio when she was soliciting jobs, but this is quite public. Is this a common practice? And do I just let it go? I would go a little nuts. I mean, deal politely and firmly without blowing up, of course. This is not common practice and I'd speak up. If for no other reason than to help this photographer, she should be informed that this is not acceptable. Or she might find herself dealing with someone seriously ticked off in the future if she keeps this behavior up. As other photographers have mentioned here, she most certainly should have gotten more than permission. To protect herself, a signed release form and (to be a good businesswoman) some sort of compensation for you should have been part of the process. I have had release forms even for times when a photo was not actually used. If there was any chance that my kids would be in a photograph for their preschool or activities, a release form was given to every attendee. This isn't news, and I'm surprised at this photographer. I'd take action. Quote Link to comment Share on other sites More sharing options...
Satori Posted June 1, 2011 Share Posted June 1, 2011 Not right, I'd send her an email expressing your displeasure. On that note, Ellen DeGeneres used a photo of mine without permission. She posted it on her show. I didn't mind too much, but someone could've asked. Quote Link to comment Share on other sites More sharing options...
Hannah C. Posted June 1, 2011 Share Posted June 1, 2011 The photographer we used had us sign a contract. I believe part of that was that they could use the images for whatever they liked without asking our permission - but, in signing the contract, we *gave* the permission. If this wasn't the case, it would be a very different story if they used the photos for things. Quote Link to comment Share on other sites More sharing options...
Excelsior! Academy Posted June 1, 2011 Share Posted June 1, 2011 A local studio had a large photograph on display of one of my friends once. When I told his mom about it, she was excited and wanted to purchase it. I am pretty sure they didn't know before hand. While I don't think it is a good practice, I do think the photographs are property of the phtographer, hence the having to purchase. I would never display someone's photograph without permission. I don't even like it when people post photos on facebook without permission. Quote Link to comment Share on other sites More sharing options...
QueenCat Posted June 1, 2011 Share Posted June 1, 2011 On that note, Ellen DeGeneres used a photo of mine without permission. She posted it on her show. I didn't mind too much, but someone could've asked. And the rest of the story, please? Quote Link to comment Share on other sites More sharing options...
JennyB Posted June 1, 2011 Share Posted June 1, 2011 The photographer we used had us sign a contract. I believe part of that was that they could use the images for whatever they liked without asking our permission - but, in signing the contract, we *gave* the permission. If this wasn't the case, it would be a very different story if they used the photos for things. Often photographers will have a paragraph on their receipt that you sign that releases them to use your portrait for any purpose. I personally in my studio have them sign a separate release so they know what I am asking them. It often surprises me how often people just sign things without reading them. You might want to make sure that there isn't any fine print if you did sign something. If you didn't sign anything than she needs to know that that is not acceptable. If you can be gracious about it that would help her to learn this now as opposed to learning with someone being a jerk. Enjoy your pictures. They must have been amazing if you were willing to spend the money on them. Kids grow up so fast don't they? Quote Link to comment Share on other sites More sharing options...
fhjmom Posted June 1, 2011 Share Posted June 1, 2011 A little more info from the American Society of Media Photographers website: Q: How do I know when I need a model release? A: The answer to this question can be reached by asking a series of questions about the subject and the use of the photograph. A model release is needed from each person whose likeness appears in a photograph that is used for advertising or trade (business) purposes when the person is identifiable. Look at the photograph and the person(s) in it and ask these questions: Could the person in the photograph be recognized by anyone? Be warned: It is very easy for a person to show in court that he or she is recognizable. If the answer to question #1 is No, then you do not need a release. Is the photograph to be used for an advertisement? (In law, “advertisement†is broadly defined.) Is the photograph going to be used for commercial business purposes, like a brochure, calendar, poster, web site or other use that is intended to enhance a business interest? If the answers to question #2 and question #3 are both No, then you do not need a release. Otherwise, the answer is that you do need a model release. Since it sounds like the answer to all three of the above questions were "yes", she most definitely should have gotten a signed release before using your DD's photograph in her advertising. Quote Link to comment Share on other sites More sharing options...
bzymom Posted June 1, 2011 Author Share Posted June 1, 2011 Thank you all for the information & insight. Now I need to decide how I want to handle it. I will have no way of knowing if she removes the posters as I don't know how many there are, or where she may have used them. So I have to figure out my goal in contacting her. I am leaning towards sending an email letting her know I was surprised she used the kids' photos without permission and see how she responds. I am also going to speak to the owner of the music studio who arranged the sessions. Quote Link to comment Share on other sites More sharing options...
Spy Car Posted June 1, 2011 Share Posted June 1, 2011 Thank you all for the information & insight. Now I need to decide how I want to handle it. I will have no way of knowing if she removes the posters as I don't know how many there are, or where she may have used them. So I have to figure out my goal in contacting her. I am leaning towards sending an email letting her know I was surprised she used the kids' photos without permission and see how she responds. I am also going to speak to the owner of the music studio who arranged the sessions. You should think about what you want. It is clear they used the photos without permission. The most obvious resolution is for the photographer to compensate you with professional services, either more prints, a new sitting, or a refund for the original shoot. This seems like the easiest route, unless you really don't want your family pictures being public. I would not cause a problem with the music studio owner until you figure out what your goals are. Bill Quote Link to comment Share on other sites More sharing options...
ilovemy6kids Posted June 1, 2011 Share Posted June 1, 2011 THis happened to us as well, my kids wound up on the photographers business cards. :( I am glad that you are taking care of this, we did not find out until later when who knows how many were distributed. Sheri Quote Link to comment Share on other sites More sharing options...
cin Posted June 1, 2011 Share Posted June 1, 2011 I would start out gently by stating that you don't remember signing a release form. When I filled out forms for the girls' dance and gymnastics classes there was a part in there about pictures being used for advertising purposes. Also when/if you filled out paperwork for the photo session, there might have been a small line in there. Don't go in pointing fingers. One thing I've learned is always going in making the 'me' statements, NOT 'you' statements. You statements always raises their hackles immediately. Quote Link to comment Share on other sites More sharing options...
LizzyBee Posted June 1, 2011 Share Posted June 1, 2011 To summarize, a photographer took pix of one of my d/s and my d/d at their music studio. She arranged with the studio to offer these sessions. Those of us who were interested made appointments for the sitting, and afterwards she sent us a link to the proofs on her website and we ordered our photos. I was pleased with the photos and purchased them, though they were pretty expensive for us! Today I found that she had used a photo of my d/s and a photo of my d/d in a poster for her business. I never signed a release, and she never contacted me to ask if we minded, or to let us know she was doing so. I am not going to go nuts over it, but it bugs me. I spent a lot of $$, and I think if she wanted to use the photos in such a commercial manner, she should have checked with us. I wouldn't care if they were in her portfolio when she was soliciting jobs, but this is quite public. Is this a common practice? And do I just let it go? We've been asked to sign a release when a photographer thought he might use our picture for adv purposes. Quote Link to comment Share on other sites More sharing options...
Ellesmere Posted June 1, 2011 Share Posted June 1, 2011 I would start out gently by stating that you don't remember signing a release form. When I filled out forms for the girls' dance and gymnastics classes there was a part in there about pictures being used for advertising purposes. Also when/if you filled out paperwork for the photo session, there might have been a small line in there. Don't go in pointing fingers. One thing I've learned is always going in making the 'me' statements, NOT 'you' statements. You statements always raises their hackles immediately. :iagree: I'm glad you are going to address this, too. Either you signed something and didn't realize or she didn't offer a release. If she didn't offer a release, you get to be the kind and gentle person that educates her. And if she did have you sign something, you can also tell her it would be helpful to make the release forms separate and help customers be more aware. Not that we shouldn't read the forms, but why not prevent surprises and unhappy customers? :001_smile: Because if she didn't get a release and she does that again, she might do it to someone like me who would (sigh) get on the phone before putting the brain in gear and say something unnecessarily rude. You should think about what you want. It is clear they used the photos without permission. The most obvious resolution is for the photographer to compensate you with professional services, either more prints, a new sitting, or a refund for the original shoot. This seems like the easiest route, unless you really don't want your family pictures being public. I would not cause a problem with the music studio owner until you figure out what your goals are. Bill If she wants to keep a customer, Bill's ideas are good ones. If your privacy is the issue, you'll obviously want some way of knowing the photos are no longer on display. The studio owner may not have had any idea but once you get answers from the photographer, I would let the music studio owner know the outcome. Again, you can help the owner deal with future photo sessions more effectively. Quote Link to comment Share on other sites More sharing options...
bzymom Posted June 1, 2011 Author Share Posted June 1, 2011 I did not sign a release of any kind. I have looked at the session form, the online ordering form and even the receipt she sent me. I am very careful about photos of my family (we don't post online, no Facebook, etc.), but I double checked. I want assurance my children's pictures are not being used in any other capacity, and will not be in the future. I want to know how many of these posters she has distributed, and how she is going to change her policies to avoid such a situation in the future. I am going to make the music studio aware that I did not and would not give the photographer permission to use these photos, and she can do what she wants with that information. Thanks. Quote Link to comment Share on other sites More sharing options...
Starr Posted June 1, 2011 Share Posted June 1, 2011 I would request my money back for the original shoot. :) Quote Link to comment Share on other sites More sharing options...
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