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Forum -> Relationships -> Manners & Etiquette
(Legal) question about using photograph in advertisement



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amother
OP


 

Post Tue, Dec 21 2021, 10:40 pm
I didn't know where to post this so....

Long story short. My MIL hired a local photographer about a year ago to restore some framed photos that were on her walls and sustained water damage. One of them was a wedding photo of me and DH. So now this photographer keeps using my wedding photo (which he did not take - just restored her copy) in his ads. I've seen it a few times on FB, Insta, and WhatsApp groups for our neighborhood. It really bothers me.

I am just got his contact info and plan to ask him to stop using my image. Hopefully he will be nice about it and just take it down because it bothers me. But I am curious if he even has a legal right to use it since #1 it's not a photo he took and #2 I never consented to my image being used. Anyone know anything about this?
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amother
Birch


 

Post Tue, Dec 21 2021, 10:42 pm
If he doesn’t have a signed model release he shouldn’t be using it. Also the copyright really belongs to the one that snapped the picture. This is for the US other countries might be different
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amother
OP


 

Post Tue, Dec 21 2021, 10:46 pm
amother [ Birch ] wrote:
If he doesn’t have a signed model release he shouldn’t be using it. Also the copyright really belongs to the one that snapped the picture. This is for the US other countries might be different


I'm in FL. Ty.
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amother
Dimgray


 

Post Tue, Dec 21 2021, 10:52 pm
The picture belongs to the photographer who took it and what he is doing is copyright infringement.
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amother
OP


 

Post Tue, Dec 21 2021, 11:02 pm
amother [ Dimgray ] wrote:
The picture belongs to the photographer who took it and what he is doing is copyright infringement.


Thank you. I figured this would be the case for a print ad. Is it just as true used in the platforms I mentioned.... FB, Instagram, WhatsApp?
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amother
Offwhite


 

Post Tue, Dec 21 2021, 11:37 pm
amother [ OP ] wrote:
Thank you. I figured this would be the case for a print ad. Is it just as true used in the platforms I mentioned.... FB, Instagram, WhatsApp?


I know Kim Kardashian was sued for posting a picture the paparazzi took of her. So I guess it applies to social media as well.
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Amarante




 
 
    
 

Post Wed, Dec 22 2021, 12:24 am
No legal right to use it for commercial exploitation in any media. The copyright holder has rights but you also have rights in terms of violating your privacy without your consent. Models sign consent for their images to be used for example.

If yuu have a friend who is a lawyer, have her write a nice cease and desist letter on letterhead as thst generally does the trick with minimum aggravation. 😀
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