already in trouble

[newbie123]

You probably hate messages like this. I am a relatively new photographer. I charge next to nothing to do something for people that I love. I made up a website and put an add in a local magazine created from photos I took of 'friends'. I know the importance of consent forms, but I was really naive. I was barely off the ground and didnt think I would need them since these were 'friends' and that verbal was sufficient.

Long story short, I am getting contacted by an attorney to settle the illegal use of a picture.

I am an honest person, I had verbal, can prove from everyone else I had verbal (on their parts, not from this one person)... and I have random other important information that questions her claim.... but I guess I am screwed? Do I have ANY reason to fight this or am I just a sitting duck.

Frustrated... any advice from a similar situation?

[Sp00ks]

I'm no pro but I would take the image in question down first, get the rest of your "friends" to sign consent forms and hopefully that will be enough.....

Good luck.

[newbie123]

yea, they are down. DId that right away.

[-MasterChief-]

you call that a friend? first of all, i agree with Sp00ks. do what you can to get the ad taken off of the local magazine (or was this a one time ad?) ... and get yourself a new friend! :p

[LBaldwin]

Ok We do have a laywer that comes on these boards so she may help.

But for anyone to actually sue and win they have to show that you have damaged them some how, in other words was this a simple head shot or somthing more?

Realistically I would consult an attorny prior to sending any cash. A threating letter is one thing, an actual filed suit is something totally different.

NOW that being said stop running ads if you don't know what you are doing!! There is a great deal more to being a pro then getting a camera, and running an ad. If all you get is "scared" then you will have learned a valuable lesson. If it costs you cash then that lesson will hurt twice.

Les

[newbie123]

maternity photo in dark. only belly and face exposed and visible. Side profile with head down and eyes closed.

Yea, I know.... I am an idiot. :( The lesson has been learned. But it kills me I had verbal and she is just plain lying.

[Sp00ks]

He would have had to make a monetary gain off the add or damaged them to have a good case right?

[rhys]

Now you know who your friends aren't. Take note of it and make sure you don't have anything more to do with them.

[LBaldwin]

She probably caught some grief from someone abou the pic. But you are right you do get the bone head of the day award. BUT Myself included, you will screw upagain in the future, we all do. BUT there is lots of help available. First and foremost is getting more experience. Get with a local pro and start assisting. That is the best education short of going to university. Get the current legal forms for your type of photography, and use them relgiously.

Join as a student, the EP, the ASMP and or NPPA or PPA. Those orgs will help you become a success. Don't rely on friends for image creatin hire a model, that way you can get what you want photographically and need legally.

Les

[IndyJeff]

I would remove the ad as suggested from further use in the magazine. Contact your "friend" and explain that you thought you had an agreement to use her image. Apologize and ask her what she wants to make this all go away.
If she is unco-operative, then retain an attorney, your going to need one.

As a side question was there anyone who witnessed the verbal agreement?

[Jon, The Elder]

It sounds like a not very flattering image and her ego is a bit bruised. An apology (2 different ways in front of a witness) might get you out of it. Is her lawyer a relative of hers?

We do not have all of the facts here so a lot of these opinions are based on past experience.

Clear it up quick and then go on with your life (hopefully wiser).

[takeyourpic]

OUCH...I read that you used a maternity shot and my mouth hit the keyboard.

I think that perhaps you need to contact your friends and explain to them that you were under the impression that you had their approval to use this shot. Then I would see if there would be a way of making it up to them.

[deadpass]

Sounds like a lot of hot air to me, your "friend" sounds like they don't really know much either. You took the picture correct? if so then you own the rights to that picture, now that doesn't necessarily give you the right to do whatever you want, but it's not like you stole this picture from someone else. Send a copy of it to the copyright office and get it registered. At best they can get you take the picture down, people use lawyers all the time to impose their will on others. If they still try and come after you once you've taken the picture down then you'll most likely have to get a lawyer, which sucks.

[LBaldwin]

Sounds like a lot of hot air to me, your "friend" sounds like they don't really know much either. You took the picture correct? if so then you own the rights to that picture, now that doesn't necessarily give you the right to do whatever you want, but it's not like you stole this picture from someone else. Send a copy of it to the copyright office and get it registered. At best they can get you take the picture down, people use lawyers all the time to impose their will on others. If they still try and come after you once you've taken the picture down then you'll most likely have to get a lawyer, which sucks.

You missed the boat deadpass <vbg> Unless he has written permission to use this commercially ie advertising then he cannot use it for that purpose. Only usage allowed for public viewing is editorial or perhaps as an element in an art piece ( an that is risky).

It does not matter if she is a public person or if he controls the copyrights. The law protects a persons visage when it is used without their permission.

She can sue and win but without showing actual damages or harm to her reputation she won;t get much. And most judges will throw out the case anyway because she did pose for the images and knew that they were being recorded.

Les

[Moo]

Hi there

Curious to know how you made out with the issue.

Like you, I use the resources of forums for advice. I hope you were able to get some ideas how to proceed.

It's unfortunate that they just didn't ask you to take it down. I think that would have something to do with it in court. I don't know the full details of course, but it sounds like they're just mad and went right to the court instead of trying to deal with it reasonably.

Good luck with it and let us know how it goes.

[S230]

Quite a bit of information but thanks for sharing. I really hope everything works out. This is a good example where we all learn and we can only know about this if someone posts it. As many already mentioned, get an attorny or lawyer for proper legal advice but in the same token, this is great information for the rest of us so that hopefully we don't make the same mistakes. Please keep us posted and again good luck.

[Skip Souza]

Lets return to giving the OP the advice that he asked for.
Perhaps a lawyer would be best qualified.

[Julio]

Sounds like a lot of hot air to me, your "friend" sounds like they don't really know much either. You took the picture correct? if so then you own the rights to that picture, now that doesn't necessarily give you the right to do whatever you want, but it's not like you stole this picture from someone else. Send a copy of it to the copyright office and get it registered. At best they can get you take the picture down, people use lawyers all the time to impose their will on others. If they still try and come after you once you've taken the picture down then you'll most likely have to get a lawyer, which sucks.

Exactly. Except no lawyer is going to take this on a contigency basis unless you're rich. Otherwise, it'll cost her much more to pay for the lawyer than she will be able to recover (if she can even recover a cent since you took it down immediately upon request).

(Applies in the US)

[chakalakasp]

Exactly. Except no lawyer is going to take this on a contigency basis unless you're rich. Otherwise, it'll cost her much more to pay for the lawyer than she will be able to recover (if she can even recover a cent since you took it down immediately upon request).

(Applies in the US)

The original poster put an advertisement in a local magazine with the picture, which does not fall under fair use. To compound the issue, the photograph was personal in nature (maternity) and may shown more skin than one would normally show in public. The lawyer took the case because the law is pretty clear cut about this kind of thing and the OP might be in for paying out a lot of money in damages.

Disclaimer: I am not a lawyer, and as such I have no expertise in this matter. Seek professional legal counsel.

[XPHALCON]

After reading this thread, I was wondering if posting pictures to my FLIKR account could result in the same outcome. Or does this only apply to newbie123 because he's trying to make a profit?

[LBaldwin]

It is always better to get written permission prior to the shoot. That way there is never a misunderstanding. There is some outside potential for trouble for positng images here should a subject suddenly object. Luckily the powers that be can remove a booboo pretty quickly without a trace.... thanks guys.

Les

[Julio]

The original poster put an advertisement in a local magazine with the picture,

My mistake. I missed that part.