Do you know the legal use of photograph taken by me of another person?

Question

I took a photograph of a couple children with their mother a few years ago at my library (where I work). At the time I was just taking photos to capture what happens at the library. I now want to use the photos as examples of our work to the general public. I have made a lot of effort in trying to find the children and mom to have permission to use the photo, with no result. My children's librarian doesn't recognize the family, nor does surrounding librarians at county libraries, nor does local elementary schools. There is not a way I can stage the photo again with other children. Can I use the photo? The mother did pose and I took many pictures.

Answer 1

I suggest you go to shutterbug.com and type Privacy Rights & Copyrights in the Search box. The article was in the May 2007 issue of Shutterbug Magazine.

Answer 2

I am not sure what you mean by "example of our work".

This is important. The bottom line is you need a signed release for commercial and promotional usage of another's likeness. If you are promoting the use of the Library ands want to use the pictures in brochures then yes you would need a release. Now if you had a photo club and you are simply hanging pictures in the library of pictures that were taken there most likely this would fall under the fair use clause and you would be okay. Of course this is America. If they came back to you and said they didn't want the pictures up, I would take them down. But they really wouldn't have grounds to sue under the second scenario as there really aren't any damages they could claim.

Answer 3

You really shouldn't use the photo. This is NOT the same thing as people using photographs of celebrities. Celebrities insert themselves into the public world - it's part of their job and something they actively seek out (often even when they're denying it). But even celebrities have successfully been able to sue for the publication of photos of them in definitively private acts - during a wedding, for example.

But, the issue with your photograph is that there are privacy laws which protect the woman and her children - especially if you are going to use the photo as a means to generate income (even if it's non-profit income generation, such as including it in fundraising materials). The woman would be able to bring charges against both yourself and your library. And even if you were to win any resulting law suit, you would have wasted money on the case and also possibly suffer negative publicity in your local press (for example), which would have a negative impact on your institution.

In the future, you should get signed waivers before taking photographs such as this to avoid these issues.

Answer 4

Legally you have to get permission to take a photo of another person, if its one of a child you have to get the parents permission! To use a photograph of the person you also have to have their permission! I know this because I had to sign all sorts of forms for this purpose at my childrens nursery and school! You say the Mum posed but did you say anything about presenting these photos in the future! You may be able to present them but if the Mum some how sees them and isnt happy about them being on show then thats when the trouble starts, after all she may not see them!!!

Answer 5

If you are posting the pictures inside the library to promote reading, I think you are safe in using them. If you were using them in a book, to make money for yourself, you will need permission. Since the mother posed for the pictures, it would seem that it's okay to use them to promote community affairs, since it will not be for financial gain.

Answer 6

You are in a bit of a grey area here. You said the mother posed for you with her children, but did she know or agree to you using them for public viewing? If she didn't and you go ahead and use them without consent, you could be open to prosecution. If you can't find her to get permission thetn sorry, you can't legally use them.

Answer 7

Of course you can. You took the picture. Look at all of the photos that people take of movie stars. They don't approve of them and yet they are on magazine covers. The only time it wouldn't be legal is if someone else took the photo and you claimed that you took the photo. But if it is your photo then you have every right to use it. I took pictures once at a public function and they ended up being put in a newletter for that company. It was Halloween photos of people in costume. I do it all of the time. I take photos and send them on the internet. I have some on flickr of strangers and such. They are there for public view and I have every right because they are my photos. My daughter is a pro photographer and she send me pictures of people on the computer all of the time. Nobody can sue her because she owns the photos and has the right to use them as long as it is in a tasteful way.

Answer 8

I would think that since you're the photographer, you own the copyright. Call a local professional photographer and ask. Surely they're likely to have encountered this problem.

Answer 9

legally I would say you should have her permission, I would suggest you seek a proffessional legal person to get this advice not some amatuer on here, even though somebody on here may well have the proper answer, a legal person is a guarentee that what you do is right

Answer 10

you could use the photo.. but the mother could also decide to sue you.. it all depends on her reaction.. maybe the worst thing that happens is she asks you politely to remove the picture.. chances are she'd never even notice..