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Baby photos


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Good evening everyone,

 

Not a major issue but wondered what the position is....

 

Niece is 4 weeks old and had a professional baby photo shoot of 8 photos which were paid for by the parents.

 

The photographer posted ALL of the pictures on her public page and tagged the parents in them, so they contacted her and said

"you didn't have our permission to widely share the pictures for publicity"
and her response which was quote grumpy "
I can do what I want, I own the copyright to the pictures and can use them as I like, when you get your disc there will be slip of paper within advising you of this, I will consider removing the photos but please be aware the law is on my side on this issue"
.

 

Is that correct?! My understanding was that for someone under 18 they would have to have authority from the parents to widely publicise photos?

 

Can anyone clarify?

 

NB the parents are only annoyed really because everyone has now seen the photos that they took for gifts but wanted to check that she can as she says take the photos and quote "do what I like with them".

Edited by orfoster

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Did the parents sign a contact allowing the publication of the pictures? Maybe in the fine print?

 

"Copyright" has nothing to do with this context, this is not a trademark or intellectual property.

"Ask not what your country can do for you, ask what you can do for Poundland"

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Hiya,

 

No nothing signed at all. So I'm not sure what law she is referring to being on her side?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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What she has said is that there will be a little slip explaining the terms in with the CD of photos, well it's a little late! They're already online, without consent.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Thank you.

 

Will pass that on. :)

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Don't they come under intellectual Property Rights:

 

 

• Photographs constitute personal data so you must get consent from all the individuals concerned before you display their photographs

• Everyone who agrees to appear in a commissioned photograph should provide their express written consent to publishing via a consent form.

• Photographs featuring pictures of people and any consent forms which accompany them are considered to contain personal information and should be stored securely

• Since photographs may reveal details of the subject's race and ethnic origin they are classified as sensitive personal data

• Generally photographs should only be used and retained where strictly necessary

 

 

Yes, he will own the Copyright, but not the IP rights.

 

 

If someone you employ or subcontract creates something for you, their contract with you should clarify who owns the intellectual property.

 

 

https://www.gov.uk/intellectual-property-an-overview/what-is-intellectual-property

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