Parent mad at me for using their childs photo

<p>I used a little soccer girl photo for my 2x3' sample board for a youth soccer shoot. I had her photo from the year before, randomly choose her from about 300 kids because she looked so cute. 2 weeks ago i used the sample board for the same league, yesterday i get an email asking not to use her photo again. I emailed back apologizing. Now he wants me to send him the exact sample board, why I dont know. I've been doing this for years and people are usually thrilled to see their kids photo as an example. This guy is acting like its the end of the world, he actually hasnt said hes going to threaten legal action but i find it weird he just doesnt drop it. Its my photo of his kid last year that he purchased from me for team picture day. Does he have any legal action and can he sue me and win?</p>

<p>What does your modeling release say? Do you have one with this client?</p>

<p>no i didnt get a release or have one</p>

<p>If you're using her likeness as part of an advertisement, and don't have a release from her parents waiving their privacy rights on the matter, then sure ... that <em>could</em> be grounds for a small-ish legal kerfuffle. But it's not like you're a large company using her image in a national ad campaign, or on a billboard, etc. Hopefully the guy will simply be reasonable. Karen's right, asking about what sort of language accompanies the paperwork surrounding last year's sale of the photo.</p>

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<p>Now he wants me to send him the exact sample board, why I dont know</p>

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<p>Either he wants a nice 2x3' picture of his kid without paying for it, or he wants it as evidence of inappropriate use by yourself. If you are never going to use it again in line with his wishes, is it any use to you? So you can decide if you want to mollify him (send it) or play hardball by refusing to send it, send it with a strike through it or destroy it. But the second option sounds churlish and will probably annoy him more.</p>

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<p>i find it weird he just doesnt drop it</p>

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<p>I don't get the impression from your post that he has been persistent to the point of pressuring you. Be careful you don't over-react.</p>

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<p>Does he have any legal action and can he sue me and win</p>

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<p>Can he sue you? Nothing to to stop him trying. Can he win? Who knows - it depends on what he is suing you for and how smart his lawyer is. But I suspect you are thinknig too far ahead. Disputes like this are often easier to resolve than you think: be calm and reasonable without rolling over for him (read: assertive).</p>

<p>If 'Chris Donovan' is your real name, be very careful what you say here - googling your name will lead right to this site.</p>

<p>If everything you wrote was true then this will not be aproblem.</p>

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<p> If 'Chris Donovan' is your real name, be very careful what you say here - googling your name will lead right to this site.</p>

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<p>If everything he wrote is true then this will not be a problem.</p>

It could be the parent is a lawyer. I had that situation once. I was publishing a newspaper, and then putting the paper on line. The parent/lawyer informed me that he and his wife had given permission to publish the kid's photo in the paper but not on the web. We took the photo off the web, and then revised our consent form for future use both in print and on line. If I understand this case correctly, I don't blame the parent for not wanting the child's photo used in advertising. If (and maybe I'm getting this wrong) the parent paid you for photos last year and you decide to use one this year in advertising without paying the parents, they have a legitimate beef with you. You shouldn't get advertising at their expense -- should be the other way around.

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<p>or play hardball by refusing to send it</p>

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<p>Refusing to send something one isn't entitled isn't hardball. Continuing to use it would be.</p>

<p>You aslo don't know the family's situations. Although rare, it could be the kid is being protected from an abusive parent, stalker, or the family is in witness protection. I mean, the chances are probably 1 in 1,000,000,000, but it does happen.</p>

<p>That, and some people are just overly paranoid.</p>

<p>FWIW: at least trying to be understanding of the parent: seeing your young child appearing without warning on a poster ad can be very disconcerting--even if the setting is local and low-key. There is nothing in it for the parent and some--while it can be hyper sensitive--may feel there are plenty of creeps out there and why put your kid's face on ads for no reason. Because many parents are very cautious and protective about these sorts of things, I try to be sensitive and don't even post photos of young neices or nephews or friend's kids who end up in my casual photos on Facebook or the like. </p>

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<p>That, and some people are just overly paranoid.</p>

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<p>I think that's it!</p>

<p>Chris - </p>

<p>A lot depends on where you are located (country and state) - </p>

<p>In the U.S. in most states you can use an image that you took and own copyright for as "Self Promotion" without a release from the individual in the photo. </p>

<p>The question becomes one of customer service as opposed to legal - By e-mailing him and saying (hopefully honestly) that you will not use the image again - you have met the threshold of good customer service in my book. </p>

<p>Now - he seems to sense that he has you over a barrel and can make demands upon you for the poster that you used and that you will cave. I'm a parent and I would never expect nor demand that a photographer turn over their promotional item featuring my kid(s). </p>

<p>There are a couple of paths you can go down - <br>

1) Don't respond at all. You've already told him you're not going to continue to use it right? So do nothing at this point. </p>

<p> 2) Respond to him saying that you understand he wants the poster - and that you'd be happy to provide it to him with it being marked up with a sharpie (black - thick point) - Saying "DO NOT USE" in 3 - 4 inch high letters. In multiple places. </p>

<p> 3) Respond by sending him the poster - unmarked and chalk it up as a business loss. </p>

<p>I'd probably opt for 1 or 3... 2 seems kind of vindictive - unless he truly wants to ensure that you will not use it again - but he should be aware that you have the digital image and could in theory make copies till the cows come home. </p>

<p>As for his motives - he could be a custodial parent who is the middle of a battle, the child could be a missing child, witness protection, or just a parent that really is going to be shocked when he figures out that his child has a facebook page and has 800 + photos of herself on it for the world to see. </p>

<p>I've been doing sports photos for 5 + years and only 1 time have I had a parent request that I not even take a photo of their child - and that was due to a custody issue. I've been asked 1 time to not use a family portrait in my promotional / advertising material. I complied with the request and it was sufficient to inform the family that all remaining copies of the postcard were destroyed. </p>

<p>Dave</p>

 

<p>You shot the child in a public place, there is nothing provocative about the image, you are using the image as an example of the work you do that people have liked. You are not selling the image. If those sentences are accurate-</p>

<p>I would not give them anything - but if you want to stay in the local kiddie business I'd simply tell them:</p>

<p>" I always use examples of past work in my portfolio- as does every photographer - but I understand some people have special issues and I am happy to accommodate you by way of not using <em>that</em> image in my promotional materials. Have a nice day." </p>

<p>I personally would not be happy to see a picture of my little girl used as an advertisement, would you?</p>

<p>It's fairly presumptuous of you to do so. No amount of "public"-place rationalizing makes it polite behavior, regardless of its criminality.<br>

If you don't have model releases, I'd stop doing things like this.</p>

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<p>I personally would not be happy to see a picture of my little girl used as an advertisement, would you?<br /> It's fairly presumptuous of you to do so.</p>

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<p>I find that attitude very hard to understand. I wouldn't have any particular problem with a photographer using an innocuous picture of my daughter in his/her portfolio, why should I?</p>

<p>Not that I would have the right to object anyway, and it's right that I shouldn't.</p>

<p>Simon</p>

<p>I don't think it would be appropriate that you provide the father with a copy of the poster if it contains photos of other children on it. That alone would be reason to say no to his request. His attorney can always subpoena it later Ha Ha. Try googling his name and see what comes up too.</p>

<p>This isn't hard. You're using, without permission, consent, or notice, a photograph of a minor for commercial purposes. Not cool, if possibly legal. At a minimum, every shot you use for promotion should have model releases,and the subjects should be aware that their image may be used for such a purpose.</p>

<p>To cover yourself, you should always get model releases (if its for a minor, you need the parent's signatures). Do you have any type of contract with the team about the team photos?<br>

I know there are cases where if a photo is taken in a public place, it can be okay. But I don't know the laws on that entirely.<br>

I wouldn't send him the sample board. If he's asking for the "exact sample board" he MIGHT be trying to get it so he can form a lawsuit. If he was asking for the photo on the sample board, that's different.</p>

<p>Let's not get too carried away with "lawsuit" talk. Realistically there is virtually nothing to gain from even a small claims action and I can't imagine any attorney would counsel legal action if the original poster has ceased using the image. That aspect of this is pretty silly sounding to me. There is no monetary damage to the child/family so no compensatory damages lie, the image was used only briefly, and the photographer stopped using it thus there is no injunctive relief to be sought and any equitable relief would be nominal. A simple message stating that you will refrain from any further use of the photo should suffice here. If the conversation is oral (not in writing) one might even offer an apology that offense was taken.</p>

<p>Personally, I wouldn't send the poster. Its too much risk that it could be used against you. If not in a legal case, it may be paraded around as 'proof' of why you should be allowed to be shooting at the events ect.</p>

<p>And now that it's been requested, I'd be careful about trying something like destroying or discarding the board in question.</p>

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<p>I find that attitude very hard to understand. I wouldn't have any particular problem with a photographer using an innocuous picture of my daughter in his/her portfolio, why should I?</p>

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<p>Around here, no school will allow any photography of minors without parental consent, so I'm guessing that my attitude is not all that hard to understand for most people. Also, it wasn't in a "portfolio," per se; it was on an advertisement for a service.</p>

<p>I have some teenage and 20-yo nieces on facebook, you won't believe the number of kids in their photos they have posted from working at various summer camps. I know none of those parents' permission was obtained. I guess what I'm saying is the parent requesting the board is fighting a losing battle. </p>

<p>Maybe re-work your release, I'm fairly certain that the outfit that takes our youth soccer team photos has language that permits them to use for their use. I bet if you offered him the 2x3 for free in exchange for using it he would say yes, money talks to cheapskates.</p>

<p>I can't believe the stuff people post of Facebook of their kids. I don't even really love sharing my kid's name.</p>

<p>I don't think the OP did anything really wrong, but I think ideally a parent should be asked first. It certainly would help avoid the concerns now coming into play...</p>

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<p>I have some teenage and 20-yo nieces on facebook, you won't believe the number of kids in their photos they have posted from working at various summer camps. I know none of those parents' permission was obtained.</p>

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<p>Were talking about advertising use so that doesn't really apply here.</p>