All opinions needed

MommajojoMommajojo Registered Users Posts: 22 Big grins
edited May 10, 2012 in SmugMug Pro Sales Support
I worked for someone recently that had several different children put on her product to take photos. The photo shoot last three hours. The editing took more than ten hours. One of the parents now wants all the photos of her children removed from the gallery. The thing is I worked for the product, not the mother. She says I can leave them up if I give her a cd of all the photos. Her exact words are all I am asking for is a cd. Any suggestions.

Comments

  • jwcoffeejwcoffee Registered Users Posts: 18 Big grins
    edited May 7, 2012
    If you worked for the "product" why is the mother talking to you? What did your contract with the "Product" include regarding image rights? Were there model releases involved?

    -Jim Coffee-


    Mommajojo wrote: »
    I worked for someone recently that had several different children put on her product to take photos. The photo shoot last three hours. The editing took more than ten hours. One of the parents now wants all the photos of her children removed from the gallery. The thing is I worked for the product, not the mother. She says I can leave them up if I give her a cd of all the photos. Her exact words are all I am asking for is a cd. Any suggestions.
    Jim Coffee
    Photographer, Panographer
    James Coffee Studios
    Escondido, CA
  • MommajojoMommajojo Registered Users Posts: 22 Big grins
    edited May 7, 2012
    jwcoffee wrote: »
    If you worked for the "product" why is the mother talking to you? What did your contract with the "Product" include regarding image rights? Were there model releases involved?

    -Jim Coffee-

    Good Question, I told the mother to speak to the owner of the "product". I worked for the "Product". There was no written contract. The Product said she was having friends model.

    It gets better the owner of the product screen shot my work and is using that on facebook.
  • Howard BarlowHoward Barlow Registered Users Posts: 118 Major grins
    edited May 8, 2012
    Did YOU get a release from the parents to use their children in a commercial venture? If not, you are setting yourself up for a very expensive lesson. And, no, the client cannot give permission for you to use another person's child in such manner. This is not legal advice, as I am not a lawyer, but it is good advice..
    You don’t pay me by the hour. You pay for the years of hard work that made it possible for me to paint such a picture in only one hour! Pablo Picasso
  • MommajojoMommajojo Registered Users Posts: 22 Big grins
    edited May 10, 2012
    Howard Barlow wrote: »
    Did YOU get a release from the parents to use their children in a commercial venture? If not, you are setting yourself up for a very expensive lesson. And, no, the client cannot give permission for you to use another person's child in such manner. This is not legal advice, as I am not a lawyer, but it is good advice..

    THank you.. Lesson well learned. I will not work with a product again. I am basically a family photographer. This was my first experience with a product. The product is a product made at home.
    Not high end, just a woman who makes a cute item and was interested in better photos for her facebook page. With that said, I have it in the messages that the woman creating the product had the parents permission. All parents were present, but either way. I have now removed their gallery from my site. I have been in contact with a lawyer he said because it was an informal situation and no one stopped their child from being photographed and by bringing them to the location they were fully aware that their photos were being taken and by the children putting on the product they were aware what the photos were to be used for. I did not use the photos for advertising. I just placed them in a gallery and made them available for purchase.

    On a different note, the lawyer said I can pursue the woman for copyright infringement for screen grabbing the photographs.
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