advice please use of photos

pcpostie

hi, i took my daughter to a local studio to have a photoshoot a couple of weeks ago, i returned to get my disc with the pics on and the owner had put up a big massive canvas of my daughter (23 months) in his shop and he has also put it on facebook. i was not asked whether he could use the pictures and have not signed anything. is he allowed to do that? i now cant control who looks at them x

Tozer

Did you sign any terms? If so, what did they say?

pcpostie

i didnt sign anything, he just advertised as a photoshoot and your photos on disc for £20. they had photos done that was it thanks for replying x

rsykes2000

I assume he will have copyright of the pictures unless his terms say differently. I appreciate there's a big backlash against pictures of kids, but I think possibly if it was a good picture, I would be quite proud to see my daughter displayed like that, definitely so if there were no details about who she was etc.

zzzLazyDaisy

He will have copyright, but as far as I know if he is going to use the photos in the public domain (such as advertising) he should have got OP to sign a 'model release form'.

I would go in and ask him politely to take them down as you are not comfortable about him using your daughter's photos in this way. If he refuses, and you feel strongly about it, you may wish to take advice from the CAB or speak to a solicitor to see where you stand, but I hope it won't come to that.

Optimist

zzzLazyDaisy wrote: »

He will have copyright, but as far as I know if he is going to use the photos in the public domain (such as advertising) he should have got OP to sign a 'model release form'.

I would go in and ask him politely to take them down as you are not comfortable about him using your daughter's photos in this way. If he refuses, and you feel strongly about it, you may wish to take advice from the CAB or speak to a solicitor to see where you stand, but I hope it won't come to that.

I agree with this, he is using the photograph for commercial reasons and he should have a model release form to do that.

dizzybuff

:D

Optimist wrote: »

I agree with this, he is using the photograph for commercial reasons and he should have a model release form to do that.

Agree with that as well , but of he has put the items on FB I would be a tab worried due to the privacy settings changing recently .

If my son had a lovely photo I would ask for the FB pics to be removed and he can keep the canvas as long as when he has finished with it I could have it for my wall being cheeky never hurt ..

The FB thing is too open to people now, but thats Just my opinion , as only people i know get to see photos of my son

Tozer

No terms - then copyright belongs to the photographer.

However, there is a right to privacy in respect of commissioned photographs under the Copyright Designs and Patents Act 1988. Its known as a "moral" right.

So in essence, provided you haven't waived that right on behalf of your daughter, you have the right to require the photograph to be removed from public display.

pcpostie

thanks everyone, i have rang him and we agreed he will take the photos off facebook but leave the one up in the shop as one of you said it is a lovely photo x

zzzLazyDaisy

Glad to hear you got it sorted out to your satisfaction.

Hope you don't mind me going off topic but could someone explain the changes to the facebook rules for me? I have mine set to the highest privacy settings - only friends can see my facebook, I don't come up on an internet search, and although people can search facebook for me, they can only ask to be my friend, they can't e-mail me (after a loony kept sending me unwanted messages!)

Part of the reason for such tight security is that I have pics of my G'children on my facebook as we have family all over the world and it is the easiest way to keep in touch.

Should I be worried?

Mankysteve

Its depressing when people worry about Incent pic’s of children being abused. Though I too would be annoyed about not being asked for permission I would have no concern over the images being used for abuse and such like activities.
In the highly unlikely event your child is abused then its not going to happen by someone seeing images on face book, It going to be someone you know and trust. The sad matter of the fact is that that it’s the people you trust the most you’ve got to be the most worried about.