where do I stand with this?

[paperlily]

I'm just wondering if any of you photography buffs can help me with this.

I have taken some photos of my great-nephew when he was a newborn, and had put pics of him on my blog. I also wanted to use them to promote my photography when I finish setting up my website.

Because it was my neice who I was taking the photos for, I asked if I could put them on my blog, this is a while ago, and she said yep.. no problem. they have been on there since earlier this year.

To cut a long story short, we are now not talking and I was asked to take the photos off my blog as she hadn't given permission to go on there. I refused at first, and was told that I hadn't got her permission to put them on there (I had verbally!) and I had to take them off because he was a minor.

Where do I stand with this?

I hadn't made her sign a model agreement or whatever it is called, but I really would like to use the photographs. Some of them are just of feet and hands, nothing facially.

Looking forward to your advice.
Jo x

[Jamfke]

This is a tough situation for you, and I'm sorry that you've had a falling out with a family member, but legally, a verbal agreement doesn't mean anything. I don't know how likely it would be that your niece would take you to court, but you'd be better off to just take the photos down until you can smooth things over with her. Even then, I'd see about getting her to sign a model release, though she'd likely say no.

[FrankLamont]

Ouch... unfortunately, she has the right.

[fstop57]

Hi Jo,

I know it probably feels a little unfair on you, especially as you have a verbal ok, but probably the best thing to do is take the pictures off the web. You don't want to have any ill feeling and bad word of mouth about you. You could possibly still use them in any hard copy portfolio to show clients.

cheers
Alex

[paperlily]

oooooh I never thought about using a hard copy in my portfolio. that would be a good idea.

I did take them off the site, so no problems there.. thanks for your advice everyone. You're all stars!

[fletch]

Verbal contracts, worth as much as the paper its written on!

Legally where you stand depends on a number of things such as how you use them, where you took them and what you do with them.

If the baby is not recogniseable (i.e. no faces) then you can do what the hell you want. Promote your business, sell as stock, post to you blog, anything. Since there is nothing to release you don't need one.

If the pictures were taken in a public place with no expectation of privacy then you can use them in certain situations but may struggle to use them in your portfolio.

If it was a posed shoot (or similar scenario at home etc) then you need a signed model realease to use them at online and in any printed promtional material. Just because they will never find out doesn't mean its OK to use them.

[voodoochild]

If there are only hands and feet showing, how can you prove who the subject might be? Exif?

[Felixor]

Where was the photograph taken? Was it anywhere besides your niece's home? She has the right to say you can't publish those pictures if they were taken in her home (but this is ONLY because she can lie and say she didn't let you take the pictures in the first place). However, if the picture was take elsewhere, (in public) she cannot deny you your right to photograph and publish the pictures.

Also, she will not be able to take you to court and win if the picture does not A) show her in a negative light (a photo that shows her doing something bad) B) discloses any private facts about her (such as a picture that contains her holding her social security card or address) or C) show reasonable concern to the public. Also, you may not use a person's likeness to advertise (i.e. taking a picture of a celebrity or politician without their consent and using it to advertise for yourself or a company).

-Felix

EDIT: Since the subject is your great-nephew, the above applies to him as well as anyone else in the shots. Also, do not let anyone fool you into thinking that minors have extra protection against being photographed. It's 100% Grade A B.S.! Oh and the above applies to the U.S. although photography laws in countries like Australia and the U.K. are very similar. Oh and obviously, do not take my word as an attorney's legal advice.