Legal Question RE: Publishing Photos
May 8, 2015 12:55:09 #
My family visited Sweetfields Farm in FL several years ago. This is an admission charged visit. At that time I signed up for their news letter. Imagine my surprise today when I received the latest news letter and my family apparently, unbeknownst to us was photographed and their photo was featured in the advertisement that went out to their mailing list. The photo contained my Daughter, Son-in-law, 2 Grandaughters, & Grandson. Question, is this legal, there were minor children in the photo?
May 8, 2015 13:11:42 #
There was likely a disclaimer in fine print on the back of your ticket that gives them the right to use any image captured during your visit. If so, they have the legal right to use it.
May 8, 2015 13:35:25 #
Kay Clark wrote:
My family visited Sweetfields Farm in FL several y... (show quote)
You should consult a lawyer on this issue.
May 8, 2015 14:03:04 #
No ticket was issued, this is a privately owned you pick Organic Farm that opens to the public on weekends, for hayrides, maze and other family activities to help generate revenue for the farm. It is cash at the door admission.
May 9, 2015 06:53:25 #
Kay Clark wrote:
No ticket was issued, this is a privately owned you pick Organic Farm that opens to the public on weekends, for hayrides, maze and other family activities to help generate revenue for the farm. It is cash at the door admission.
Consult a lawyer - any opinion other than that expressed here is pretty much worthless - unless it is from a lawyer that is familiar with the situation.
May 9, 2015 07:20:18 #
Oh for goodness sake, don't you have something better to worry about? Go do some volunteer work or plant a garden --there are about a million things more productive than worrying about such a silly thing.
Kay Clark wrote:
My family visited Sweetfields Farm in FL several y... (show quote)
May 9, 2015 07:33:38 #
Kay Clark wrote:
My family visited Sweetfields Farm in FL several y... (show quote)
Standard operating procedure. When a company makes a brochure or flyer for their attraction, they want it to show people enjoying the site. You can bet that your entry allowed them to take and use your picture. That's why married men have to be careful about where they take their girlfriends. :D
When I worked part time in a motel years ago, if someone left an item behind, we never mailed it to them. The husband or wife might not have known that they were there.
May 9, 2015 07:43:28 #
May 9, 2015 08:09:52 #
brow3904
Loc: Upstate South Carolina
Kay Clark wrote:
My family visited Sweetfields Farm in FL several y... (show quote)
You were making memories. Ask if you can get a copy of the photo and give each grandchild a copy to cherish as something they did with their grandparents. You will not be here forever but that photo and their memories will be with them all their lives. It might very well be a memory they share at your funeral.
May 9, 2015 08:09:53 #
brow3904
Loc: Upstate South Carolina
Kay Clark wrote:
My family visited Sweetfields Farm in FL several y... (show quote)
You were making memories. Ask if you can get a copy of the photo and give each grandchild a copy to cherish as something they did with their grandparents. You will not be here forever but that photo and their memories will be with them all their lives. It might very well be a memory they share at your funeral.
May 9, 2015 08:14:24 #
Gene51 wrote:
Consult a lawyer - any opinion other than that expressed here is pretty much worthless - unless it is from a lawyer that is familiar with the situation.
If this is really troubling you or you have specific issues with the content of the photo, a lawyer is the way to go. I would guess that it was their farm, their property and they should be able to photograph any setting within the confines of their property they want. BUT, I'm no lawyer, and as Gene stated, my opinion really means squat.
May 9, 2015 08:32:55 #
Technically there are probably two issues: you were on private property, so you can legally have the expectation of privacy. Not so if you were in a public park. The other issue is the commercial use of the image of your family. Any commercial use of a photo without consent of those pictured is pretty risky for the person publishing it. You would have a case if you were inclined to sue them, but the big question is: what damages resulted from the use of this photo? Your family was having fun. It was rude of them to use your photo without permission, but if no harm was done, just chalk it up to experience.
It might be useful to educate the folks about what they are doing, though. Maybe send them a letter expressing your surprise, delight?, and yes, concern that they would use images of your family without permission.
It might be useful to educate the folks about what they are doing, though. Maybe send them a letter expressing your surprise, delight?, and yes, concern that they would use images of your family without permission.
May 9, 2015 08:41:08 #
Of course we are not lawyers but I think they legally needed a model release to use the photo for something commercial, like an advert. For news media or newsletters or the like one does not.
sb wrote:
Technically there are probably two issues: you wer... (show quote)
May 9, 2015 08:54:59 #
Kay Clark wrote:
My family visited Sweetfields Farm in FL several y... (show quote)
Unless they also identified you by name, I suspect that they are ok; it would probably considered no different than 'street photography'. If you are really offended, consult a lawyer.
May 9, 2015 08:55:33 #
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