Posting photos without permission

KarmaGarda

Hi,

Long time no talk! Been a while since I was knocking around these parts of boards!

Question for you all, and don't want to name names on who this happened to, or who did it, for obvious reasons.

Photographer undertakes a friends wedding. When my friends signed the contract they added a clause saying "photos not to be used on any public forum or any online marketing".

Photographer posts the photos on facebook and on main wedding website (these have been the only photos found so far, I've tried searching for more for her, but I think that's the height of it). They have been up on the wedding site for about 2 years and over 1 on facebook. (have screenshots etc)

She has asked to take down the photos. Photographer to date has ignored. I believe she'll keep asking for the photos to be taken down, but, if not, where does this person stand? Is there grounds to sue due to use without a model release/permission? Or is there no leg to stand on?

My view is because it was in the contract she can at least insist the are taken down, but taking it further, I wonder if they could even sue for use of the material for obvious marketing purposes without permission?

Cheers all!

Did the photographer agree to this clause or is it something they wrote in themselves?

KarmaGarda

It was agreed. The photographer instructed her to put in the clause when filling out the contract. Pretty sure she has emails proving this, will double check.

CabanSail

IANAL

That is an interesting one. Normally the Photographer would retain Copyright and can use the images. AFAIK that can vary depending on contracts which are in place, as in this case.

The cost of legal action is not insignificant, so not a path to take lightly even if they are sure they are correct. Having said that a sternly worded legal letter, sent by registered post, which points out that there is a breach of contract and the possible outcomes from the non-compliance could have the desired effect of having the images removed from the the public sites.

KarmaGarda

Ok, so I've just read the email and yeah, she has proof. Not only did the photographer agree to it, they instructed where the clause was to be written, worded the clause for her as I quoted above, and stated that they have done this before and don't post the photos online. But then went ahead and posted them!

I'll tell her persist for now, but if that doesn't work get a sternly worded legal letter sent to initiate skid marks proceedings in said photographers pants.

CabanSail

Maybe make one more try but mention if action is not taken within seven (7) days that you will place the matter in the hands of your lawyers. Mat=y save the cost of the letter being written.