Something just feels wrong about this...what's your take?

[SandeeWig]

I was at an event on Saturday that was specifically for children of all ages. Over 50 booths with activities and things for kids to do and explore; my best guess is over 2,000 people attended. While playing with my toddler, a woman came over to where he and others were playing and started snapping off a few shots. She then proceeded to hand me a business card, with her online picture proof website highlighted and said they'll be posted here and told me the password and walked away. She did not ask my name, give me a waiver, or say anything else.

So, yesterday I checked the site, and sure enough there are almost 20 pages of images of various children attending this event, watermarked, and available for purchase. I also checked this woman's site, and she is clearly a new "professional" trying to enter the market, as she has only a few photos in each gallery topic (seniors, weddings, portraits, etc.).

I wish I had been thinking more clearly at the time to ask her if anyone would be able to purchase any picture they wanted. I think I presumed her to be taking pictures on behalf of the event, but should've realized from her card that she was not. Honestly, I do not want my child's picture being purchased and used by anyone without my consent. I'm not even sure how I feel about her having it posted.

So, is this legal? Shouldn't she have had me sign something? I'm considering emailing her and asking her to remove the images of my child from the proof site just so no one else has access to them.

[FoG]

If that is true that is invasion of privacy .... simple any of the parents who attended should be informed that their childrens pictures are being taken by her and that they had her permission to use the pictures. (If they are close ups) ... if she is trying to break in she needs to learn a few rules Contact her through her website and ask ker to remove the pictures of your child then say you are contacting the event organiser also and any parenst you know who attended

[pikchaser]

If thats the way you feel, then go for it. Ask, politely, that she remove the images of your child from her site. If she refuses, then you may have to take stronger action, up to and including legal ones. Im no lawyer, and I dont know where you live, but Im told its legal to take pictures of people in public places, but I dont think its legal to post them for sale.

[dakwegmo]

As long as your child was in a public place, and you hadn't taken any steps to conceal him from general public view, then the photographer was well within her legal rights to photograph him and sell prints to you or anyone else. Legally she's on pretty solid ground. I question the ethics though. Not to mention, it's a really crappy way to do business. I mean, how successful can you be if your business model entails angering the majority of your potential customers.

[OsmosisStudios]

No harm in asking her to take them down. She should be fine with accepting.

However, depending on where this event was, it could be totally legal. There are sometimes some ramifications with the fact that an event may be considered "private", but if it was on public land then it's fair.

[SandeeWig]

Thanks everyone for your quick replies. The event was held in Missouri, and I think I will ask that she remove the photos from the site. If there was a way to keep others from purchasing pictures of my kids and using them however they see fit, it'd be a different story perhaps, but I'm just not digging this approach.

I wasn't sure about the public spaces aspect of it simply because all the photo subjects are minors. So I questioned whether or not the general "rule" applied.

Hopefully, she'll have no problem removing them. She has at least 3 of my son, and several others of my nieces up. As cute as they are, I just don't want their faces showing up on a billboard or brochure for next year's event.

[dakwegmo]

Originally Posted by SandeeWig

As cute as they are, I just don't want their faces showing up on a billboard or brochure for next year's event.

Commercial use, such as advertising on billboards and brochures, is a completely different issue. They can't use photos of your kids to advertise without your consent. Well, they can, but not without legal consequences.

[SandeeWig]

Originally Posted by dakwegmo

Commercial use, such as advertising on billboards and brochures, is a completely different issue. They can't use photos of your kids to advertise without your consent. Well, they can, but not without legal consequences.

Good to know. Thanks, dak. What about for this photographer? Could she use it on her site (doubt she would, but just curious if she could?

[dakwegmo]

Originally Posted by SandeeWig

Good to know. Thanks, dak. What about for this photographer? Could she use it on her site (doubt she would, but just curious if she could?

Just as a disclaimer, I'm not a lawyer, so the advice I'm giving is my interpretation of the legal advice I've been given by lawyers. Take it for what it's worth. Photographers can use their photos for self-promotion without a model release. I'm not sure where the line is between self-promotion and advertising though, for that you'd probably want to consult an attorney.

[Doug Pardee]

Originally Posted by SandeeWig

I do not want my child's picture being purchased and used by anyone without my consent.

Unfortunately for you, this is probably not a right that you enjoy. In most parts of the Western world, if someone is in public view, anyone has the right to photograph that person and to display and/or sell that photograph. About the only thing that they can't do is to use that photograph for commercial purposes (advertising, etc.).

There are often a few specific limitations, such as if the child is at school. Certain jurisdictions may make some additional modifications—France is notable in this regard.

I'm not even sure how I feel about her having it posted.

I'm afraid that you'll need to come to terms with it. When you go out in public, you're in public view. The same for your child. Cameras are everywhere, not just in the hands of photographers. Some of those cameras are Web-cams providing continuous feeds of images to the entire world. You simply cannot keep photos of yourself or your children from appearing on the Web or anywhere else.

In short, you can't demand privacy when you're in public.

So, is this legal?

Yes, very likely so.

Shouldn't she have had me sign something?

She could have, but the only necessity would be if the pictures were to be used for commercial purposes.

I'm considering emailing her and asking her to remove the images of my child from the proof site just so no one else has access to them.

This is a very reasonable thing to do, and I recommend that you do ask her (nicely) to please remove the specific images.

Link to article on this site about Photographers Rights and Photography Privacy.