Asking photographer to remove 5-year old pictures

<p>Hi,<br>

I hired a professional photographer for my wedding over 5 years ago. I'm aware that my pictures have been on his website in the last couple of years. Some of the pictures made me uncomfortable since they would not be the ones I choose to even show my friends. However I did not say anything. But now, with my new profession, I need to take much greater care of my online personal image and would like all pictures of mine online to be removed. The photographer description of those pictures includes my past institution (which is not the case with his other clients) and is highly searchable. I contacted the photographer twice to ask nicely but he intentionally ignored my emails. <br>

I'm aware that there is this clause as part of the contract, which may be in his favor: "Use by The Photographer(s): The parties agree that The Photographer(s) may reproduce, publish, exhibit and otherwise use the images created hereunder as samples of The Photographer(s)' work to be shown to prospective clients, for instructional purposes during lectures and educational seminars taught by The Photographer(s) and for generic institutional purposes, including use in conjunction with televised or published interviews."</p>

However, since it has been over 5 years and my circumstances have changed, and I'm still the main subject of those pictures, I do believe I can ask him to remove the pictures. Please advise me on whether this is the case, and if so, I can go about pursuing this endeavor to get the pictures removed. Thank you.

<p> </p>

<p>I strongly recommend you contact an attorney. The is a case for contract law, and legal advice given on an open forum is problematic at best.<br>

<br />Best wishes, and I hope you get the situation resolved to your satisfaction.</p>

<p>Unless the contract stipulates some sort of expiration date for your permission to use the images in the way that was described, no - the passage of five years' time doesn't grant you new rights to make that contract go away.<br /><br />That doesn't mean you shouldn't continue to appeal to his better nature, in the interests of having him give up some of his promotional material. He should understand that a social media campaign aimed at getting him to behave in a more sensible way, PR-wise, is something everyone would like to avoid - but to which you'd otherwise have to resort. I'm just a caveman, not a lawyer, but that clause you cite isn't a case of "may" be in his favor, it's there specifically to provide for the use to which he's put the photographs. That's exactly why he included that very clear clause in the contract. This is in the realm of diplomacy, social pressure, and good will now, not legal threats. Good luck - take the high road on this one.</p>

<p>I understand. I do think that it's not about legality, but sensibility of the photographer here. The fact that my institution was included in his online promotional material is highly insensitive to start with. <br>

I would like a dialog with the photographer, but it looks like he's avoiding having any. Do you have any suggestions here?</p>

<blockquote>

<p><em>"The photographer description of those pictures includes my past institution (which is not the case with his other clients) and is highly searchable."</em></p>

</blockquote>

<p>Not much you can do if he's not responding to your email, and without knowing the content of the initial email, you might, in the alternative, request the photographer to alter your name and remove references to your past institution which will at least make it less searchable. <br>

<br>

In fact, photo.net will accommodate a name change for exactly this purpose which one would expect any reasonable photographer to accommodate likewise. </p>

<p>I find this little perplexing, I can't figure out why this guy is holding onto images that are 5yrs old. Most photographers (maybe not all) would update their images, unless their recent images got progressively worse ?</p>

<p>If you can, I'd try to create a physical meeting with this guy, I mean even if you have to show up on his door step.</p>

<p>Good luck.</p>

<p>Les</p>

<p>Have you tried calling him, or visiting his studio? Maybe you did, but based on your description, you searched contact only via email; and frankly it is impossible to know whether or not that gets ignored intentionally. No idea how busy this photographer is, how frequently he checks email (more and more people ignore email in favour of facebook!), and so on.<br>

Now, I'm not saying the photographer is doing the right thing (including where you work for wedding photos sounds downright weird with me), but I wouldn't rely on email alone nor assume he is actively avoiding you unless you can know that for sure. Best to use a more personal face-to-face approach and appeal to his common sense.</p>

The question to ask a lawyer is whether your contractural obligation to allow the photographer to use the images gives

the photographer the right to use your name and other identifying words. I am not a lawyer but it seems to me that using

the images should not include using your name.

 

If the photographer wanted to be a nice person, he or she would remove the photos and your personal info, even though

he probably has the right to continue using the images (but not, I think, to use your name).

<p>If you have a prior contract with the photographer that he has the right to show those images of you to promote his business, I am not sure hiring a lawyer will help much. In fact, a letter from a lawyer may make things worse. Are you sure you have the photographer's current contact information? I wouldn't assume that he has received your e-mails and are just ignoring them. A phone call or an in-person meeting are better approaches. If he is still not responding, instead of paying a lawyer, how about offer incentives (i.e. payment) to the photographer to modify the contract and remove your images or at least your name and institute affiliation from his web site forever? Whether it is worthwhile to pay in order to generate the result you desire and if so, how much to pay, is up to you to decide.</p>

<p>I would contact a lawyer to explore your options as a last resort if you are still getting nowhere and are so eager to get those images removed.</p>

<p>Precisely. I mentioned the 5 years for exactly that reason. 5 years of promotional period should be quite a lot, if he's a good and progressing photographer. In fact the pictures are still featured as one of the main ones.<br>

It's true that I have only contacted him via email. That was how we used to contact with no problem. I will try to call him next. However, his studio is not in the same state so finding him in person will be much harder.</p>

<blockquote>

<p>"It's true that I have only <em><strong>contacted</strong></em> him via email."</p>

</blockquote>

<p>From what understand your text to mean - this is not correct.</p>

<p>What I understand that you have done is <em><strong>sent</strong></em> an email, maybe two. That does not constitute "contact". It is unwise to make assumptions regarding what has been received and/or read. It is unwise to assume that the Photographer is intentionally ignoring you. Making assumptions often causes one to make choices based upon and/or enhanced by emotion.</p>

<p>If I wanted what you want, I would make the effort to contact the Photographer by telephone and engage in a calm and pleasant conversation outlining my request and the reasons for it - I would ASK for his ASSITANCE to me as a previous CLIENT.</p>

<p>WW<br>

</p>

<p>In 5 years it must have generated substantial revenue for the photographer, otherwise why keep it on the website?</p>

<p>If I were that photographer - I would offer to SELL the advertising rights to you, after all this is obviously a money making photograph. What would be fair for such a sale? Lost revenue TIMES the number of years I expect to be in business. This is no different than any other advertising campaign - AND the internet is world-wide. <br /><br />I would charge you 25,000 ( TWENTY FIVE THOUSAND DOLLARS ) to buy back the rights and have the photograph removed from my site. It is a reasonable expectation when you consider that you are depriving him of a source of income.</p>

<p>You signed a CONTRACT and now you want to break it. Pay for it!</p>

<p>I don't know what kind of celebrity you are or were. - From what you told he probably gained the right to use your image but not necessarrily the right to use & link your name? Get him on the phone and if it seems needed try to settle the entire issue with half of what it might take to get a good lawyer going.<br>

Good luck</p>

<p>I definitely agree with <a name="00d4E9"></a><a href="/photodb/user?user_id=2009087">Stephen Thomason</a> - get yourself an attorney.<br>

I don't agree with statement </p>

<blockquote>

<p>Unless the contract stipulates some sort of expiration date for your permission to use the images in the way that was described, no - the passage of five years' time doesn't grant you new rights to make that contract go away.</p>

</blockquote>

<p>I'm not an attorney but I know that all legal contracts must have an expiration date. If the contract doesn't have on - the contract may be voidable.<br>

Good luck!</p>

<blockquote>

<p><em>"I'm not an attorney but I know that all legal contracts must have an expiration date."</em></p>

</blockquote>

<p>The expiration date may refer to the Offer and Acceptance portion of a contract. The OP's forfeiture of any rights to the image falls into the Consideration aspect of the contract which would have no expiration date. <br>

<br>

That'd be my interpretation. <br>

</p>

<p>I am a photographer and retired lawyer. One thing that occurred to me is that you may have granted the photographer the use of the images, but I don't know if you granted him the use of your name or any of the other information. You might want to ask your lawyer to look into it. You might also look to see if your contract with the lawyer has any language in it about breaches and dispute resolution.</p>

<p>Unless your contract with the photographer for the use of the images is subject to a time limitation I wouldn't think you have much solid ground to stand on for the use of the images. The facts that the agreement was struck a while ago, that you've changed your mind, and you've changed your occupation are unlikely to reasons for ceasing the contract unilaterally. If I'm right, then using a lawyer to threaten/bully him might not help much; and if what you really want is to get him to take the pictures down then direct contact that asks nicely, rather than attempting to assert rights that you would like but probably don't have, is likely to work better IMO.</p>

<p>The use of your name and occupation details is perhaps different. I recognise that you haven't shown the whole of the contract, but if there is no agreement in place to use these details then you might have a right to ask him to remove that data( but not the photographs to which they apply). However this is IMO not a card that you should play until the best outcome ( photos down, no cost to you) is materially exhausted. If all your overtures are ignored or rebuffed, then for me that's the time to go to a lawyer - if this is important enough to you- and seek a view on whether and how this can be progressed. The is it worth it" dilemma is worth a thought. If things get that far then even winning might well carry a cost of time and/or money.</p>

 

<blockquote>

<p><em>"but if there is no agreement in place to use these details then you might have a right to ask him to remove </em><em>that data"</em></p>

</blockquote>

<p>I can't see how any truthful attribution to the content of a photograph which you own the copyright can violate any law. </p>

<p>Bad Business on the part of the photographer.<br>

I think about this all the time, particularly when clients sign my model release forms, which are very much in my favor regarding present and future use of the clients name and images.<br>

BUT, I would never EVER continue to use a photo that a client requested that I remove. I wouldn't see the benefit in keeping photos up, that any client feels uncomfortable with. Even though my releases allow me to do virtually anything I wish to, for as long as I am in business.<br>

I have to agree with others that are suggesting you speak with the photographer personally, before getting too upset. The image must be GREAT, if he/she, is clinging to them for so long.<br>

To others... be careful of what you sign. My release allows me to use images, likenesses, edits, interpretations, modifications, compilations whole or in part, along with the signer's name. Indefinitely. Though I do not make a practice of posting names, unless the client is already a public figure, such as an actor, TV personality, musician and so on. <br>

Explain your position, person to person... I think you'll find things are not as bad as they seem. Lost of photogs just don't update their online portfolios very often.</p>

<p>Once I had a job opportunity e-mail redirected to the spam folder by my mail server. The apparent problem was that the recruiter included several job links to their company's web site, and that resembled spam. I didn't see that e-mail until days later when I happened to check the junk folder.</p>

<p>So certainly don't get all upset until you get to discuss things with that photographer. You may need to pay to change the contract or you might need a lawyer, but those wouldn't be my first options.</p>

Contact an attorney. Some states have

statutory protections against the

commercial use of images without

permission. (E.g, NY where I practice.)

Some uses may constitute a tort. If this

really matters to your professional

standing and development, invest

some money in professional advice.

Penny wise and pound foolish is not a

good course where your future may be

at stake.

<blockquote>

<p><em>Contact an attorney. Some states have statutory protections against the commercial use of images without permission.</em></p>

</blockquote>

<p><em><br /></em>Except that the OP gave permission as stated in the first post.<br>

<br />Having spent 20+ years dealing with IP licensing contracts I'm afraid I agree with the earlier posters. The OP doesn't have a legal claim - contracts can most certainly continue "in perpetuity" unless there is a specific termination date. <br>

I would phone, not email, and ask if the tog will remove it. If they refuse offer a reasonable sum of money (a few hundred $) and if the still refuse ask if they will at least do you the courtesy of removing the incorrect employer details, which aren't relevant to the wedding anyway, and amend your name to given name only. <br>

If they still refuse then talk to a lawyer. A lawyers letter may work but I doubt it. </p>

<p>Unfortunately, I agree with most of the above, the contract wording appears clear and unambiguous and there is no expiration date. I would hope if you met the photographer and requested he take off the personal information he should agree, if not take the images down all together. I can understand some images are just home runs and can't be repeated. I expect he is using your former employment to illustrate the type of clients he has worked with to get more business. If it hasn't worked in 5 years and he hasn't produced more great shots with those with similar employment, maybe he should try some different marketing or a new career. </p>

<p>If you can actually speak to him you could offer to pay him to take them down. You could offer him a nominal amount to reacquire the rights to these photos. Nothing will happen until you speak to him personally. I would do it in-person if possible. </p>

<p>Hi LT,<br>

I would try and contact the photographer by phone and continue to phone until he picks up and attempt to come to a resolution of him perhaps removing any info about the photos that relate to you being identified or searched for. Generally even if a contract has been drawn up regarding the use of Wedding photos it is a part of "good will" assisting in this area with the client, granted some photos of particular couples really 'make' a portfolio, however it is definitely better keeping clients happy than having bad word-of-mouth.<br>

Good Luck,<br>

Nick Peters</p>