Iffy Situation, Need some guidance

[NicoleScraps]

Last week, I did senior photos for a 17 year old boy. The mom signed a model release. I posted a few on facebook and my website. I also emailed her a link and login to her proof gallery. During the time that we were scheduling the session, she sent me a personal friend request on FB. So I was able to see that after sending her the info about her proof gallery, she posted on her wall a link for everyone to see that gallery saying "family members please let me know which photo you want."

I got an email today through my website. Not a direct email. It was from a lady claiming to be the boys grandmother on his father's side. The boy does have a different last name than his mother, so I guess he is a child from a previous relationship/marriage.

The email from the grandmother said:

My grandson, XXX, had his senior pictures done by you and I was wondering if you could send me the pictures so I could also make an order for his dad's side of the family. I was told he was going to have pictures done on May 4 and I was going to be there. Just wanted to order some of his senior pictures.

I DO NOT want to get caught up in any family drama, all I want to know is do I have a legal right to sell the woman photos of this boy? I already sent an email to the mom asking if she is in fact his paternal grandmother. I am sure that she really is. Why would anyone take the time to find my website and send me an email otherwise.

if it helps, this is what my model release says:

In exchange for consideration received, I hereby give permission to Digital Artistry by Nicole to use my photographic likeness in all forms and media for advertising, trade, and any other lawful purposes.
Print Name:
Signature:
Date:
If Model is under 18:
I, ______________________, am the parent/legal guardian of the individual named above, I
have read this release and approve of its terms.
Print Name:
Signature:
Date:

What do I do???? TIA!

[Lori Hill]

As a separated parent, I feel that you were hired by the mom and any dealings about prints from the session should be done through her.I would ask the mom if she minded the grandmother dealing directly with you and if she minded I wouldn't do it. If the fathers side of the family do not choose to go through the mom to order prints they can hire you themselves to do another shoot.

[Dennismc]

As for the "legal" right, yes you do, your release states that and it is signed,

Now for the ethical and moral side, that is a different story...

[Ambrosia76]

I know that when children have photos done through the school both parents have a legal right to order photos separate from the company without permission from the other parent,even if they are non-custodial as long as they have joint legal custody and have not had their rights terminated.

I know this because we have sole physical and legal custody of my stepdaughters and mom has rights to nothing without going through us,she is not even allowed on school property and has supervised visits. I also know cases where a custodial mother has tried to block a non-custodial father from getting pictures report cards etc but was unable to because he had joint legal.

How this applies to someone hired by one parent vs a company hired by the school I am not sure?

I do like the suggestion that you ask the mom's permission to allow the grandmother to purchase photos. Think of it this way, The mom is already a client and may use you in the future and will more than likely recommend you to others,better to not piss her off than try to accommodate someone who will probably buy a few pics and you will never hear from them again.

[DivotMaker]

Nicole,

(fwiw)

I would respond with:

Thank you for your interests in my work. In an effort to manage the work of my clients, and since the subject of this session is a minor, I prefer to fill orders from one contact. While I do not want to cause an inconvenience to you, would it be possible for you to order through your grandson’s mother?

If this is too much of an inconvenience, I will need the following to fulfill your request:

1. (the mother) to contact me with permission for you to purchase.
2. The items you would like (the mother) can provide you the link to preview the images.
The preference you would have in paying for the order.


I appreciate your understanding.


Thank you again,


(just my 2c's....but this isn't legal advice at that price)

[zona5101]

Sell to the other family.

Informing the mom who hired you that you have been approached was all the courtesy I think you need provide. They are YOUR images and you have a properly executed model release.

heck if the hiring mom has a problem, tell her she can pay you in cash for the lost sales... (I'm kidding)

[Lori Hill]

Building a profitable business is not done by adhering to your legal rights alone. It is also not built on the quality of your photos alone either. There are so many professional photographers with amazing talents for people to choose from. Word of mouth if free advertisement and will bring in a lot more business than an ad in the yellow pages. What can make or break a business is ethics. The mom may be quite fine with it, just ask.

[NicoleScraps]

Well, the mom said that she is going to contact the grandmother and offer for her to order some of the prints. So hopefully I am off the hook for dealing with this altogether.
Thanks everyone!

[gturner]

Originally Posted by Lori Hill

Building a profitable business is not done by adhering to your legal rights alone. It is also not built on the quality of your photos alone either. There are so many professional photographers with amazing talents for people to choose from. Word of mouth if free advertisement and will bring in a lot more business than an ad in the yellow pages. What can make or break a business is ethics. The mom may be quite fine with it, just ask.

+1 from me.
Common courtesy dictates on this one.

[Brian Mullins]

Wow.. I am kinda shocked by some of the answers here.

In a nutshell, being a minor has nothing to do with selling the photos. You have a model release, Mom has already published the gallery to everyone so, obviously, she has no problem with everyone seeing the photos. You have a green light to sell them to anyone who orders. If you did not have access to her FB account, would you have even thought twice about this?

What you did was fine - just giving an FYI to the Mother but, seriously, you could sell the photos and sleep peacefully at night..

And, for the legal aspect, any legal agreement between seperated spouses has NO bearing whatsoever on you as you are NOT a party to that agreement.