Legal Question RE: Publishing Photos
May 9, 2015 09:11:35 #
RJNaylor wrote:
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.
A "newsletter" from a for-profit commercial operation is essentially advertising, whereas a newsletter from a non-profit would not be considered advertising. I suspect that legally they would be seen as different things. But I am not a lawyer.
What I know about lawyering is that the FIRST questions you need to ask are: will they take the case on consignment, and; If not, is it worth it for ME to shell out all that money to hire an attorney over this; and three: I KNOW I am in the right - but does that translate into my being able to win a legal battle?
May 9, 2015 09:11:57 #
Looking at Sweetfield Farm's website, I could not find anything remotely resembling an attempt to inform visitors that they might be photographed during their visit, and such photographs might be utilized in the farm's promotional literature.
To this layman, it would seem that the farm has a duty to inform visitors of this possibility either by signage at the entrance or printed on a ticket.
I think the term is "informed consent".
But what the hell do I know? I'm just a retired guy with too much time on his hands! :-)
To this layman, it would seem that the farm has a duty to inform visitors of this possibility either by signage at the entrance or printed on a ticket.
I think the term is "informed consent".
But what the hell do I know? I'm just a retired guy with too much time on his hands! :-)
May 9, 2015 09:33:20 #
krl48,
Congratulations! You must be one of the few of us 'retired guys' who learned to say "No" soon enough. I guess I didn't. I've been retired for about 10 years and have been dragooned into various Community Committees, Board of Director and later Vice Commodore of our Yacht Club, Advisory Committee of our Camera Club, and B. o D. of our over 55 "active adult" Community {which is not to say that all over 55's act like adults. :D}
Unfortunately, most active groups need unpaid 'management' to one degree or another and, unfortunately & typically, only about 20% & often less, are willing to help so most ride free. I'd rather put in the time and effort to help than see the activities I enjoy perish.
Congratulations! You must be one of the few of us 'retired guys' who learned to say "No" soon enough. I guess I didn't. I've been retired for about 10 years and have been dragooned into various Community Committees, Board of Director and later Vice Commodore of our Yacht Club, Advisory Committee of our Camera Club, and B. o D. of our over 55 "active adult" Community {which is not to say that all over 55's act like adults. :D}
Unfortunately, most active groups need unpaid 'management' to one degree or another and, unfortunately & typically, only about 20% & often less, are willing to help so most ride free. I'd rather put in the time and effort to help than see the activities I enjoy perish.
May 9, 2015 09:36:33 #
SHOOTR
Loc: Hoosier State
GregWCIL wrote:
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.
I agree with you. Nonsense.
May 9, 2015 10:00:30 #
Eurolux
Loc: NYC
Unless you or your family suffered any real harm I wouldn't go legal with it. Life is short. Keep things positive and enjoy. I agree with those opinions here that you could contact the farm and possibly get copies of those photos and possibly foster a friendship instead of a dispute. After all, it must be a little flattering that they chose you for their newsletter!
May 9, 2015 10:07:26 #
OldEarl
Loc: Northeast Kansas
NOTE: Any advice you get here is worth exactly what you paid for it. You need to get a lawyer who will probably advise you that it will cost more to recover than any settlement you will get.
You might write to the amusement park and they might offer you a deal on free admission, but there is probably a waiver on your ticket.
The minority status of the children is not a relevant factor.
You might write to the amusement park and they might offer you a deal on free admission, but there is probably a waiver on your ticket.
The minority status of the children is not a relevant factor.
May 9, 2015 10:25:26 #
GregWCIL wrote:
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.
This may be silly to you, but obviously it isn't to the one that asked for help. You need not judge what is important to him and you need not be so rude. Don't you have something better to do?
May 9, 2015 11:02:51 #
Thanks everyone for the informative feed back. My son-in-law is the one being protective and who questioned the legality of his children s photos being out on the intranet for anyone to see. There seems to be a lot of differing opinions on the subject.
As a photographer I get a release from anyone's whose photo that I intend to put on my web site. I have a photo shoot this afternoon at a dance school and I require a copy of the blanket release from the school allowing me to photograph the children in their costumes for the school.
My interest in the topic is not to sue them or get something for nothing, I am only seeking knowledge on the subject.
As a photographer I get a release from anyone's whose photo that I intend to put on my web site. I have a photo shoot this afternoon at a dance school and I require a copy of the blanket release from the school allowing me to photograph the children in their costumes for the school.
My interest in the topic is not to sue them or get something for nothing, I am only seeking knowledge on the subject.
May 9, 2015 11:04:20 #
May 9, 2015 11:21:22 #
Another possibility would be to make a polite phone call to Sweetfields Farm and ask them about it. "I'm just curious..."
May 9, 2015 11:31:11 #
Given all the comments relating to 'lawyering' it would seem the most you could expect would be a 'modeling' fee. Advertisers have to pay models used in their products. How much vs lawyer fees now comes into play as well as the depth of the pockets of the owners of the place you visited are. Beyond that you could find the places Facebook page and post a warning for others there.
May 9, 2015 11:37:29 #
Having owned an ad agency, I believe the issue here is that they used your photo in an advertisement without your consent. It is not the same as street photography, unless the photo was used for advertising. However, I agree with others...what damage was really done? While you may have some legal grounds, and an aggressive lawyer might be able to get you a modest monetary settlement, is that the route you really want to take? I'd simply contact them in a friendly way, explaining that the use of your family photo for advertising was not authorized, but that you enjoyed your time, etc. etc. They may very well respond with a gift certificate or something similar to show their good faith. Considering the circumstances, isn't life too short to go the legal route?
May 9, 2015 11:41:14 #
Tom H wrote:
This may be silly to you, but obviously it isn't to the one that asked for help. You need not judge what is important to him and you need not be so rude. Don't you have something better to do?
:thumbup: :thumbup:
May 9, 2015 11:46:43 #
Has anyone been harmed by the publication of the photograph? Is there any likelyhood of any harm occurring because of it? The answer to both questions is: highly unlikely. So then, why bother with something that is so clearly a non-issue.
Although from what the original poster later stated, his family is probably not going to pursue this, it is because of the potentiality of such frivolous lawsuits that insurance and other operating costs for businesses are so ridiculously high.
Although from what the original poster later stated, his family is probably not going to pursue this, it is because of the potentiality of such frivolous lawsuits that insurance and other operating costs for businesses are so ridiculously high.
May 9, 2015 11:48:35 #
I went to their site and tried to send them an email, asking about publishing photos of visitors. The email "couldn't find the specified file," whatever that means.
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