NEED HELP! Do I Have The Right??

[Roxeh]

Hello everyone,

I'm sort of in a pickle right now and need some major help asap! I have a small portrait photography business. Back in July, I did a FAMILY session with a local family who needed portraits done. About a week before the session happened, the mother of the family asked for a copy of my contract so she could go over it. All was good, I sent her one through email. Then the day of the session, I printed a copy for both me and her, again we went over it. On the contract it stats what type of session it is, which is Family and the subject Name(s) which was put there, was Surname Family (I didn't put their last name for privacy).

Like I do with all of my clients, I asked her would it be alright to post a few images from the shoot onto my portfolio, she was totally fine with it and signed both contract copies. Mind you, I ALSO have a section for MODEL RELEASE which is below:

MODEL RELEASE. The CLIENT & Subject hereby grant to ROXANNE DIAZ
Photography and its legal representatives and assigns, the irrevocable and
unrestricted right to use and publish photographs of the CLIENT or in which
the CLIENT may be included, for editorial, trade, advertising and any other
purpose and in any manner and medium; to alter the same; and to copyright
the same. The CLIENT hereby releases ROXANNE DIAZ Photography and its legal
representatives and assigns from all claims and liability relating to said
photographs.

At the moment, my website is under construction, so I have a Facebook page where I showcase my work. So a couple of days ago I added about 5 or 6 images from the session which included the family...not even 10 minutes passed and the mother of the family commented on the album saying to delete the images, there was never a discussion about posting the images on FB. Out of respect and courtesy, I deleted the album right away and then contacted her through email about the images. I told her that at the moment facebook is where my portfolio is and she clearly said it was find to post some images and that based on my contract, I can technically do what I want with the images.

She replied saying that she thought we were going to discuss which images to post. That to just take off the images anyway (and all of this was not said as nicely as I'm putting it). So, fine I took them off Facebook and replied to her asking which images were OK for me to use in my portfolio on my website. This is was she replied to me:

you can only use the ones I am in by myself since I am the only one who signed the release. The girls cannot be included as they are minors and my husband nor did his grandparents signed the release. Per your contact I am the only "subject/client"" that signed.

as clarification By portfolio, when we discussed, I thought you meant an actually book to meet with people like wedding photographers use.

What I want to know, based on everything said in here...Am I not able to post the images, regardless of what she says?

Thank you so much for the help, sorry for the long read.

[Rentham]

Even when the photographer is totally in the right, contractually, it is rarely worth pressing the issue. Take the images down, get paid, deliver the photos, and move on to some better clients. You just got unlucky and ran into a whackjob.

[Roxeh]

Thanks for the reply. Under other circumstances, I would, but right now I'm starting out in my photography business and she is the first and only "family" session, I've had. I need to promote my business somehow!

[ishootRAW]

She is the guardian for the kids. Looks like you can indeed use them. The grand-dad is tricky because he did not sign. You have to decide between having un-happy clients, and having images to show. Personally I would go with the former and just arrange some "shoots" with your family/friends to use in your portfolio.

[Roxeh]

Thank you, appreciate your reply! So all in all, I WOULD have every right to use the images? I might not use them, but I am going to reply to her stating that no matter what, she signed off on release of her immediate family, not just herself, because she is the only one signing. Right? I'm not 100% sure if I will use them or not...right now I just want to fully know that I am in the right to use the pictures however I please, if I want to and nothing she says can stop that because of the contract she signed??

[jcspenny]

Originally Posted by Roxeh

Thanks for the reply. Under other circumstances, I would, but right now I'm starting out in my photography business and she is the first and only "family" session, I've had. I need to promote my business somehow!

All the more reason I wouldn't push the issue. I agree with Rentham that you're in the right and just had an idiot client, but if this was your only family session so far then you don't want any bad publicity. People like your client have big mouths, you don't want her bad mouthing you this early on in your career. Get yourself a less paranoid client, clearly go over the contract with them, and make sure they're clear on the terms. Good luck.

[Roxeh]

OK then I won't push it any longer. THANKS SO MUCH GUYS FOR YOUR HELP!

[Bruce A]

I think if you are going to publish images of children, you need a parent/guardian signature for them specifically. In other words, although I'm happy to be corrected if wrong, I think she is within her rights on this.

[Roxeh]

Originally Posted by Bruce A

I think if you are going to publish images of children, you need a parent/guardian signature for them specifically. In other words, although I'm happy to be corrected if wrong, I think she is within her rights on this.

See that's what I want to know as well!

[Roxeh]

Doesn't the subject of the contract being the "SURNAME FAMILY" make her the "mediator" of sorts and gave her the right, right there to sign off for her family?