We only verbally told them we did not wish them to be used, but they did not ask permsission before submitting 7 photos to a county council for their brochure. We are devastated and want to have the publication withdrawn. I dont know what type of privacy this is an abuse of - can someone give any insight?
thanks
2007-03-13 08:03:48 · 28 answers · asked by TT400 1 in Family & Relationships ➔ Weddings
For those of you that answered constructively - I thank you. For those of you that assumed we were "sue" happy or ugly. You can never have been in love had a beautiful private wedding, with very personal memories then publicised for all to comment on. Your negative responses in the "get over yourself" shallow,, shallow abuse is exactly the reason we are upset. At least we were beautiful enough for a County council to want to use them yes - Nicky whoever you are, single mother........i could be very cruel..but i am obvioulsy more sensitive and mature which is why I am married and happy.
2007-03-14 06:14:43 · update #1
Yes, you can sue. But before taking legal action, you should review your contract first. As the previous responder stated, most companies include language in the contract stating that you give them permission to use your pictures for promotional uses. Typically, there is a section of the contract where you can state that you do not wish your pictures to be used. If you did not sign or initial this section, you will have to be able to prove that you made a verbal request to not have your pictures used. Before pursuing legal action, schedule a free consultation with a lawyer or law firm and bring them a copy of the contract. Then you can discuss whether it would be in your best interest to sue. They might be able to make arrangements with the company to not have your photos used for any further publications without having to take any legal actions which could be very costly for you.
2007-03-13 08:15:25 · answer #1 · answered by Veronica W 4 · 2⤊ 0⤋
Double check your contract with the photographer. If there is anything in there about you letting them use your wedding photos for advertising reasons (or something like that) then you cannot sue.
Then again, WHY are you so upset about it? I agree with the others, you should be TICKLED that they think your wedding photographs are good enough that they would like to put it in a brochure.
Really, what's the big deal? Secretly married to someone else? Witness Protection Program?
2007-03-13 12:38:29 · answer #2 · answered by Terri 7 · 0⤊ 0⤋
Check your contract. Some professional photographers have a fine print clause stating that you give them permission to use your photos for their own advertising purposes. I don't know about selling them to someone else, though. Have you contacted the photographer? How about the city council? If you specifically told the photog that you did not want your pics used for that specific brochure, you may have some recourse. At least you know that your pictures were so beautiful that they were considered good enough to represent your city. Good luck and best wishes on your recent marriage.
2007-03-13 08:40:10 · answer #3 · answered by stseukn 5 · 1⤊ 0⤋
You cannot prove a verbal contract. You may want to read your contract, it's possible you signed rights over to them to do this. Even if you told they you didn't want your photos used, if you signed anything that said otherwise you have no case. You maybe want to call the photographer as well & see what's going on. They may pull them if you express you're unhappy. If that doesn't work, you could always contact the county council & explain you never signed anything giving permission for this & you do not want your photos published. I really doubt that you have ground for any legal action though.
2007-03-13 08:09:27 · answer #4 · answered by layla983 5 · 3⤊ 0⤋
Yes you can sue them, nobody is allowed to use your photo without your express written consent. Normally, wedding photographers put a copyright on your photos so you cannot make additional copies somewhere else but they still have to have you permission to use them.
2007-03-13 08:08:14 · answer #5 · answered by Kevin J 4 · 1⤊ 0⤋
I would put it in writing to the photographer that you are not happy and that you intend to seek legal advice, as at no time did you give permission, nor have you signed any release papers. Also put it in writing to the publication that the pictures are being reproduced without your permission.
check when you booked the photographer if you may have signed a booking form with a consent of reproduction in the small print.
If you check the booking form and there is no mention of it, and the photographer is not responding as he/she should then the next course of action would be to contact a solicitor, make sure you take any copies of booking and letters you may have sent with you, and also a copy of the publication if you have it.
2007-03-13 11:23:14 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Check on your contract. If you signed a release clause in your contract, then you are screwed.
If there is nothing in your contract and you verbally told him that you didn't want this, you can take him to small claims court. A verbal agreement is a binding contract. But again, if you signed the release and then you told him, there is nothing that you can do.
Threaten with legal action will normally stop this, Tell him it's breach of contract and that you want damages paid. You can tell him that you want monetary compensation for your picture being used without your consent.
I'm sorry about that. I would be devastated too.
Good luck
2007-03-13 08:16:21 · answer #7 · answered by Blunt 7 · 1⤊ 0⤋
This is really an intellectual property / copyright question - the basic position is that the author of the work (in this case the photographer) owns the copyright on any photos he takes. Unless there is something signed by him saying that he assigns the copyright in the photos to you - which there won't be.
If he owns the copyright, then he can do whatever he wants with the material, so you're stuffed I'm afraid.
2007-03-14 01:05:02 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Did the photographer have you sign anything before they agreed to photo your wedding photos. I know that some of them put into the paperwork that they will be allowed to use photos for their promotional purposes. I would check that out if you signed anything that gave them permission to use it in their advertising or not when you set it up for them to photograph your wedding.
2007-03-13 08:13:24 · answer #9 · answered by Kenneth W 3 · 2⤊ 0⤋
It's very hard to prove a verbal contract; it will be your word against his. Again, check your written contract. If you're that upset, talk to the photographer about using another couple in their advertising.
The Michael Douglas/Catherine Zeta-Jones situation was completely different. They sued a magazine for obtaining the pictures illegally and printing them in order to sell a magazine when the couple already had a contract with another magazine; you would be suing a photographer for using his own pictures in a manner in which you do not approve.
2007-03-13 08:24:03 · answer #10 · answered by kimpenn09 6 · 1⤊ 0⤋