use of photo without permission

lucythedog

HI

I have just discovered that my daughter's photograph has been used in a new school textbook without permission.

She is clearly visible in it as it is a close up. She was aware it was being taken but not told how it would be used. Neither she nor us her parents have given permission for this. It is a very widely used textbook which generates a lot of profit for the publisher and authors.

I would appreciate advice on what we can do about it - claiming copyright fees etc.

Thank you

aidan_walsh

Copyright doesn't come into it unless you took the photo.

In relation to whether permission was needed to publish we would need more information on the context of the photo. Was it just of her or was she in a crowd for example? In a private setting or in public? Was this something that was prearranged or was she simply in the location the shot was taken? Was permission of any kind required by any third party for the shot before hand?

lucythedog

HI,

Thank you for your reply.

It was taken during an out of school activity with another student in a private setting (not for profit work experience). These were publicity shots taken by a third party arranged by the manager. She happened to be there on the day and was asked to pose. The only permission issue which arose was when she was asked to pose. She was told that they might be used in a newspaper, but they weren't.

Paulw

Did you sign a model release contract, for the child?

While it's certainly not a copyright issue (the photographer owns the copyright unless specified in a contract), it is very unusual for a photographer to use an image for commercial gain like this, without a model release being signed.

Normally a model release is not required for editorial use (newspapers) but should be used for commercial work.

You could contact the book publisher and see what they have to say.

dudara

I think that I'll move this to the Photography forum. The good folks over there can probably offer some good advice.

dudara

lucythedog

Dudara and Paulw

Thank you.

No, no model release or any contract/publishing permission either verbal or written was sought. There is the usual disclaimer at the front of the book acknowledging copyright etc and asking those whose permissions had been inadvertently overlooked to contact them - I wonder if that applies to my daughter?

Paulw

Well, it's not a copyright issue. The photographer could claim an implied model release, since you gave permission for her to be photographed.

You should try contacting the photographer and see what he says, and also contact the book publisher and get their view.

I'm not sure where exactly this sits, or, if anything wrong was done.

charybdis

As others have said, it's not a copyright issue; the photographer did nothing wrong in taking the photograph and controls the copyright of the image. That said, the use of an image of your child in a commercial publication used without written or even verbal consent on your part sounds a lot like a breach of her right of publicity.

I'm not sure what the law is in Ireland regarding the right of publicity or what rights you or your daughter have over control of her likeness but I'm sure there is some law in this area. It's possible that both the photographer and publisher would be liable for use of an image of your child in an unjustifiably commercial context.

You could probably get a few Euro out of the publishers by threatening suit if you just want money.

N.B.: I'm not a lawyer, this isn't legal advice.

Paulw

I'm not 100% sure, but I don't believe there is similar in Ireland to this. That's more a US thing.

I think you could make a case using Data Protection law, but you can't claim compensation, that I know of.

CabanSail

Something is in the back of my mind concerning the permissions required while an employee. As your daughter was on work experience she was an employee at the time and the release may be given by the employer. I'm not sure if that's correct but I seem to remember it from somewhere.

I'm also not a lawyer.

charybdis

Paulw wrote: »

I'm not 100% sure, but I don't believe there is similar in Ireland to this. That's more a US thing.

I think you could make a case using Data Protection law, but you can't claim compensation, that I know of.

Well if there isn't law regarding this, then what's the point of having model releases?

I'm not sure how successfully you'd be able to claim money through the legal system against someone who was impinging on the right to control the use of your child's likeness but the threat of halting publication of the book might be enough to get the publishers to settle, and the OP's question was about using the misuse of her daughter's likeness to hit someone up for a few bucks.

CabanSail wrote: »

Something is in the back of my mind concerning the permissions required while an employee. As your daughter was on work experience she was an employee at the time and the release may be given by the employer. I'm not sure if that's correct but I seem to remember it from somewhere.

I'm also not a lawyer.

The reality is that it'd be very hard to diagnose a situation like this through a forum of not-lawyers on the internet. OP, if you're really serious about pursuing this, go talk to a lawyer.

N.B.: Still not a lawyer.

PCPhoto

legally speaking (not a lawyer) ..... that's a minefield !!!


my understanding is that they would need your permission (as the parent of a minor) ...to publish the image in a commercial publication. (ie. model release form)

the issue of consent is another gray area - your daughter agreed to be photographed for a newspaper - but the image appears in a textbook.... does your daughter have a problem with the pic being published ? ...or is it just you ?

What is it you are looking for ? ... to sue someone ...or get the pic removed from the textbook and cause a financial loss to whomever used the pic - you could do both (I think) ...only advice I'm willing to throw out is ... "ask a solicitor"