Client Demands I Remove Photos from My Site

[rmango]

I recently shot some senior pictures for a girl, it went great and i was paid for my work. The mother emailed me saying how much they loved the images but then added:

"I was a little surprised to see her on Facebook. I did not sign an agreement to have her exposed to the general public. However, if you would like to use her photos for marketing and to build your business I would be open to negotiations. Until we do come to an agreement please remove Jenny from your site. "


I always posted 3 or 4 of my best images from a shoot on my facebook fan page and on my blog and I've never had anyone ever complain before. It may have been smart to have her sign some sort of model release....But since they didn't, am i under any legal obligation to remove the images? Or do i have the rights to them to do whatever i want? I'm not sure what she means by "negotiations"..I'm assuming she's going to demand free prints or something in return for me using the images. Who knows. Anyway... Has anyone ever had this issue before? How did you solve it? What are the laws? thanks!

[Jim Poor]

Originally Posted by rmango

I recently shot some senior pictures for a girl, it went great and i was paid for my work. The mother emailed me saying how much they loved the images but then added:

"I was a little surprised to see her on Facebook. I did not sign an agreement to have her exposed to the general public. However, if you would like to use her photos for marketing and to build your business I would be open to negotiations. Until we do come to an agreement please remove Jenny from your site. "


I always posted 3 or 4 of my best images from a shoot on my facebook fan page and on my blog and I've never had anyone ever complain before. It may have been smart to have her sign some sort of model release....But since they didn't, am i under any legal obligation to remove the images? Or do i have the rights to them to do whatever i want? I'm not sure what she means by "negotiations"..I'm assuming she's going to demand free prints or something in return for me using the images. Who knows. Anyway... Has anyone ever had this issue before? How did you solve it? What are the laws? thanks!

Build a model release into your contract.

If you're using them to promote your business, you're out of luck.

[nickbedford]

Well technically you need a model release to do that, or their permission to do it (in which case they won't bother you). I don't see what's to understand, unless your contract states you can do whatever you want with the images in terms of promotion.

EDIT: What Jim said too.

[NicoleScraps]

Her comment kind of raises a red flag to me. It says to me that she is not opposed to her daughter being "exposed to the general public" as long as she gets something out of the deal.
It's my understanding having been told over and over again by seasoned photographers, that agreement or not, that the photographer own the rights to photos and can use them however they want (as far as personal promotion goes at least).

[AnonymousKiwi1]

Originally Posted by NicoleScraps

Her comment kind of raises a red flag to me. It says to me that she is not opposed to her daughter being "exposed to the general public" as long as she gets something out of the deal.

Yep - that's what it sounds like to me. Just remove Jenny and move on. And build a model release in to your contract.

[autofocus]

It's my belief that if you are using the images for commercial purposes (such as advertising and promoting your business on Facebook,etc) you need to get permission and/or a model release. We always first ask permission of our clients before we ever do it...But remember, a verbal agreement is as good as the paper it's written on

[NicoleScraps]

Here is a big 7 page thread discussing the same topic. Lots of useful info here.
Do I Need A Model Release?

[OsmosisStudios]

Originally Posted by AnonymousKiwi1

Yep - that's what it sounds like to me. Just remove Jenny and move on. And build a model release in to your contract.

Seconded.

Mother is fishing for freebies: cut your losses and move on. Take the images down and write a model release into your contract (its a paragraph, so very easy).

Write the mother a response essentially stating that you normally choose the best images of your best clients for promotion on FB and that the pictures of "jenny" are up because you were proud of them. You respect her wishes and will remove them. You dont want unhappy clients after all.

[sk66]

Originally Posted by autofocus

It's my belief that if you are using the images for commercial purposes (such as advertising and promoting your business on Facebook,etc) you need to get permission and/or a model release. We always first ask permission of our clients before we ever do it...But remember, a verbal agreement is as good as the paper it's written on

+1
Because use of her image in promoting your business implies that she is happy with, and advocates your business, it is "commercial use" and requires a release.

[Biomech]

In the UK you can photography anyone and anything in public (government military establishments are an exception) or in the public eye. There are no "privay laws" when in public. You own the rights, you get to use them as you see fit. Private sitting, I'm not so sure.

But I'll echo what everyone else has said and say add a release paragraph anyway just to cover your own ass, and the mum is clearly looking to take you for a rid and get some cash out of you.