Person doesn't want their photo shown

<p>Hi Everyone,<br>

I took a photo of a friend a few years ago after she came to my home after leaving the emergency room. The photo is not flattering but is an honest and strikingly sad portrait, something along the lines of a Nan Goldin. At the time I took it I had her verbal permission. I love this photo and have had it in my portfolio and on my website for some time. My friend asked me to take it down because it brings back bad memories for her. She also said that she wanted some sort of document stating that it won't be used again. I don't mind doing this because she is my friend, however, I may want to use for a show abroad or in my portfolio. I've been complimented on this photo by a lot of artists and I feel attached to it. I feel like as long as it's not in her face I should have the right to use it, not to sell but to show as an example of my work. I'm I breaking any laws? </p>

<p>Does it matter if you're breaking any laws (you're probably not). But - does disregarding the wishes of your "friend" matter to you? You say you're attached to the photo. How attached are you to the person in it?</p>

<p>Take it down and don't use it.</p>

<p>Laws do vary by state, and though I am no lawyer, I would say that displaying anyone's likeness without their WRITTEN consent could get you into trouble (if the image was captured in a public venue and there wasn't an expectation of privacy that's different, but if this image was captured in her/your home, or your studio, there probably IS some expectation of privacy there for the subject).<br>

You can capture another striking portrait with the flick of a shutter - it takes a whole lot longer than that to capture another friend. I say you don't use the image, and as a show of good faith, give the original file/negative to her as proof that you won't use it anymore ...</p>

 

 

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<p>She also said that she wanted some sort of document stating that it won't be used again. </p>

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<p>At which point I'd tell the person to bugger off.</p>

 

<p>I had pictues of a friends wedding on my website until she got divorced and asked me to take them down. I took them down.</p>

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<p>I would say that displaying anyone's likeness without their WRITTEN consent could get you into trouble</p>

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<p>How could the photo industry, as we know it, exist if this were true?</p>

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<p>but if this image was captured in her/your home, or your studio, there probably IS some expectation of privacy there for the subject</p>

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<p>How could being in a studio or elsewhere allowing one's picture be taken (as in "I had her... ...permission) amount to an expectation of privacy?</p>

<p>Plain ole' common sense suggests otherwise on these things.</p>

<p>As to the original poster, hopefully your friend won't run a Google search one day that brings them to this thread.</p>

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<p>Breaking any laws, possibly no (unless you try to sell the image for commercial use). Breaking a friend's trust most certainly yes.</p>

<p>Talk to her, without any pressure, and see what she says. Then, if she does not agree, take it down.</p>

<p>Trust, Marios?</p>

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<p>She also said that she wanted some sort of document stating that it won't be used again.</p>

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<p>I'm with Dennis on this one, although I'd stop using the photo as well.</p>

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<p>Talk to her, without any pressure, and see what she says.</p>

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<p>Having already requested to "take it down because it brings back bad memories" and to get "some sort of document stating that it won't be used again" speaks rather clearly as to what she ' says'. Further inquiries will, itself, amount to 'pressure'.</p>

<p>It was taken in your home, she knew you are a photographer, and she verbally agreed at the time to be photographed. What's not to understand? It's not illegal as long as you don't use it for commercial purposes. Removing and never using the photo will not change her memories of the time. And it reflects who she was and how she felt at the time. And if she changes her mind later? If you want it in your portfolio as the quality of your work, she has no rights or leverage outside your friendship. Personally, I'd say sorry, it's my decision if I choose to display it.</p>

<p>I would honor her request and stop using it, but not provide a document. </p>

<p>Samantha -</p>

<p>If you value her friendship - take it down, remove from your portfolio and don't print / use it in a show here or aboard. I would go the extra step and provide her with a document saying that for as long as she is alive - I will not use, show, display, sell or print that image. </p>

<p>She has made her wishes clear - no need to ask to reconsider.</p>

<p>Legally - probably not much she can do - but friendship is more important sometimes than being "right".</p>

<p>Dave</p>

<p>Didn't you say FRIEND?</p>

<p>If you're a good photographer, you'll take your camera out and make more great photos.</p>

<p>I got told by a certain photographer (after I paid him for a wedding day shoot of myself and friends) "I own the copyright, so I can do whatever I want with the photos" (including posting them on facebook and using some for his own website which showcases his work). Unfortunately, Ireland has a lot of legal grey areas. The best I might be able to do is go to his gig on Saturday night and throw bottles at him.</p>

 

<p>Don't use it. A single photo shouln't be that critical, if your portfolio is that weak get to work!</p>

<p>Someone who is among the greatest photographers in the world has plenty of photos to show without offending any subject. We who are not in that elite group can at least make minor sacrifices to be decent humans if not great photographers. Therefore, there should never be a selfish reason to deny anyone a written promise to never display a photo that might cause pain.</p>

<p>Believe me, better pictures will come in time. If you still wish to keep the friendship, you know what to do. I doubt I will do that written agreement thing though.</p>

<p>You should GLADLY honor the request. My best guess would be that your intial response to the request wasn't so positive or there would be no written request.</p>

<p>I think this thread should serve as a lesson to people to never let a "professional" photographer snap you in a candid pose (or any pose for that matter).</p>

<p>Personally, I'd take it down, I would stop publishing any photo that a person asks me to not publish (for any reason). </p>

<p>I hate say it, but the asking for documentation is a red flag for me. Could mean that the person has been harboring resentment for some time and let it become a less than civil issue for her. Or it points to a basic lack of trust. Either way I would set aside some time to talk to her. Hope it works out for you.</p>

<p>I'm with Matt... There's more to this story. If my "friend" asked me not to show an image, I would not. However, I do not expect a "friend" to demand it in writing. I don't think you're going to win either way here, but the best thing is to take it down.</p>

<p>I join the crowd asking whether friendship is not more dearly acquired than a photograph? I don't get why there is even an issue. Granted, it <em>is </em>odd that your friend wants something in writing, but hey, it takes all kinds to make a world.</p>

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<p>I do not expect a "friend" to demand it in writing.</p>

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<p>it <em>is </em>odd that your friend wants something in writing</p>

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<p>Perhaps. but, we do have someone here discussing how they have no problem agreeing with the request yet considering going behind the friends back and show the image to others when they think the friend won't know.</p>

<p>A <em><strong>friend</strong></em> would do a friend a favor and <strong><em>take down</em></strong> the photo. Go out an take some <strong><em>different</em></strong> photos if you want to post something for all the world to see.</p>

<p>Take it down.<br>

It's a friend. <br>

Take it down.</p>