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Photo shoot photos being used without permission

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binge
Emo Kiddy



Joined: 03 Jul 2004
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PostPosted: 15:19 - 31 Oct 2008    Post subject: Photo shoot photos being used without permission Reply with quote

Last year, My sister and 3 of her mates had a professional photo shoot done. Had dozens of photos taken. And then they chose the one they all liked the most, and had a print each done for themselves.

6 months later, My sister was walking into the local Morrisons and there was a stall advertising this photo shoot company. And the main photo on the stand was one of the pictures taken of my sister and her mates. Blown up massive.

My sister saw it when she was shopping with my Mam. When they got home, They told my Dad etc, And my Dad being my Dad, Shot down there to see if she is entitled to at least the rest of the photo album that were taken on the day. I mean the photo shoot cost the girls £300. That included one picture to take home. And for the extra 3 pictures the girls bought, It came to like £1000 between them!

For the big blown up photo (A2/A1 size I think) was tagged up at £4k!

So it was the real deal pro photo shoot.

Anyway, When my dad asked about it, The bloke on the stall said he would sort out some more photos for my sister from the shoot, to compensate using their picture on all their display stands in the South east.
Took address etc. And nothing...


Yesterday, My sisters mate (One of the other girls from the photo shoot) was coming out of work in the Savercenter, And noticed a stall up. Again, With a massive A2 picture of the 4 girls from the shoot.

Still not heard back from the company about receiving the extra photos or anything at all!



So, Did this company have to get permission from my sister, or any of the other 3 girls, To use these pictures on their stalls. Because they signed nothing. No Disclaimer or anything.


Any opinions on this? Surely a letter / phone call would of been required to have these pictures blown up and stuck on stalls in shopping centers around the UK.




Thanks



Ben
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 15:36 - 31 Oct 2008    Post subject: Reply with quote

Hi

Think it normally depends on whether the person is the subject of the shot or just incidental.

In this case they were the subject so can object. However not sure to what extent they can expect anything from it.

All the best

Keith
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MarJay
But it's British!



Joined: 15 Sep 2003
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PostPosted: 15:46 - 31 Oct 2008    Post subject: Reply with quote

If they signed anything when they agreed to the shoot it may also have signed over rights to all of the photographs to the photographer.
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Keir
World Chat Champion



Joined: 11 Apr 2006
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PostPosted: 15:51 - 31 Oct 2008    Post subject: Reply with quote

im not sure, id need to see the photos to make an informed decision.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 16:00 - 31 Oct 2008    Post subject: Reply with quote

£300 each, for that they got one picture to take home? Shocked

I'd have thought the company would have to get permission from your sister to use the pictures, same deal with with the other girls. Not sure what their options are now though. Confused

What's the company called?
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Whosthedaddy
Super Spammer



Joined: 11 Dec 2005
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PostPosted: 16:01 - 31 Oct 2008    Post subject: Reply with quote

MarJay wrote:
If they signed anything when they agreed to the shoot it may also have signed over rights to all of the photographs to the photographer.


I think this is somewhere near the truth.

We had some, they only keep them for a short period of time for re prints, more sittings to decide what pics you or family members want. After this time they are no longer available but may be used for publicity.

I'm sure its in the gumph or small print when you hand your money over.
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binge
Emo Kiddy



Joined: 03 Jul 2004
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PostPosted: 16:05 - 31 Oct 2008    Post subject: Reply with quote

Possibly the payment in its self is a form of signature. Not sure thought. Just my sister mentioned it earlier today and I thought Id ask about it.

Not sure on the name of the company. VERY expensive though isnt it. Confused


Good pictures mind you. Oh, and the £300 paid for a framed picture. Laughing
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 16:09 - 31 Oct 2008    Post subject: Reply with quote

Hi

Prices do seem high, but depends on size, quality, etc.

Framing is not that difficult. Even custom made frames are easy enough.

All the best

Keith
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Graham88
World Chat Champion



Joined: 03 May 2006
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PostPosted: 17:13 - 31 Oct 2008    Post subject: Reply with quote

Sounds like I'm in the wrong business Shocked

£1k a day, nice Cool
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AC
Nitrous Nuisance



Joined: 02 Sep 2007
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PostPosted: 17:38 - 31 Oct 2008    Post subject: Reply with quote

Copyright belongs to the photographer, so he wouldnt need to ask permission to use the shots in his publicity material it would be good practice that he did. There could be something in the paperwork the girls signed that states the photographer reserves the right to use the images as he sees fit. The only time this doesnt apply (I believe) is when it is relating to children,
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 18:18 - 31 Oct 2008    Post subject: Reply with quote

AC wrote:
Copyright belongs to the photographer, so he wouldnt need to ask permission to use the shots in his publicity material it would be good practice that he did.


While the photographer owns the copywrite that does not mean they can do anything with the image unless the subject has signed a model release form.

Bit of info here

https://www.photoanswers.co.uk/Advice/Search-Results/Photopedia/Model-release-form-/?&R=EPI-752

and a discussion here

https://www.talkphotography.co.uk/forums/showthread.php?t=83706

All the best

Keith
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trevoriv
World Chat Champion



Joined: 04 Jun 2005
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PostPosted: 19:42 - 31 Oct 2008    Post subject: Reply with quote

Keir_K3 wrote:
im not sure, id need to see the photos to make an informed decision.


Seems like a very reasonable request.
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neatbik
World Chat Champion



Joined: 27 Jun 2007
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PostPosted: 19:55 - 31 Oct 2008    Post subject: Reply with quote

Was it Venture by any chance?
https://thisisventure.co.uk/?GCID=S31453x002-brand&KEYWORD=venture%20photography&gclid=CMvfneGk0pYCFQXK1Aod-zVm2w

We had some photo's of the kids done a while back, very very good quality but hideously expensive.
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Whosthedaddy
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PostPosted: 20:00 - 31 Oct 2008    Post subject: Reply with quote

beatnck2 wrote:
Was it Venture by any chance?
https://thisisventure.co.uk/?GCID=S31453x002-brand&KEYWORD=venture%20photography&gclid=CMvfneGk0pYCFQXK1Aod-zVm2w

We had some photo's of the kids done a while back, very very good quality but hideously expensive.


My thoughts exactly.

Wasn't too impressed with the entire shoot to be honest.
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Rawker
World Chat Champion



Joined: 22 Sep 2006
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PostPosted: 21:15 - 31 Oct 2008    Post subject: Reply with quote

AC wrote:
Copyright belongs to the photographer, so he wouldnt need to ask permission to use the shots in his publicity material it would be good practice that he did. There could be something in the paperwork the girls signed that states the photographer reserves the right to use the images as he sees fit. The only time this doesnt apply (I believe) is when it is relating to children,


Model releases aren't always needed to be signed unless the images are being sold off for a different use, such as if he sold those pictures off to Maxim or a underwear company then they would need to get a model release signed.

but for his own business, he can use them as he wishes which includes printing them as big as he want to advertise his company.
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craigie b
Citizen Smith



Joined: 26 Jul 2004
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PostPosted: 15:33 - 02 Nov 2008    Post subject: Reply with quote

You need to check the contract that was signed when purchased. Most photographers will keep the right to display their own work as part of a portfolio unless otherwise agreed upon.
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iooi
Super Spammer



Joined: 14 Jan 2007
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PostPosted: 21:01 - 02 Nov 2008    Post subject: Re: Photo shoot photos being used without permission Reply with quote

binge wrote:
I mean the photo shoot cost the girls £300. That included one picture to take home. And for the extra 3 pictures the girls bought, It came to like £1000 between them!

For the big blown up photo (A2/A1 size I think) was tagged up at £4k!

So it was the real deal pro photo shoot.



Just because it cost a lot of money does not mean it was the real deal pro shoot.....

More a case of see a mug and rip them off.

You average wedding photograper will proberaly do something like this for far less.

Best guess would be you have no rights over them using any photo's they take for their own advertising purposes. They will have eitehr asked or got it in writing about them using them.
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