Any lawyer's on the board? Need advice!

[mEtH]

Are there any lawyers on this board or people pursuing to be? Something just came up last night and I could really use some advice. I only want to take 5 minutes of someones time to advise me on how I should approach my matter and if it escalates, well then I may need your services.

Basically, I have a contract with the photographer from my wedding which gives me all the rights to the photos taken that day. Well that photographer had as assistant who deiced to go and work on her own just after my wedding. Well this person has decided to put my photos on their webpage and even has them on a online purchase site that allows you to purchase the photos that she has taken at a variety of sizes etc.

I am assuming that my first approach is to contact the person and ask them to remove the images from both the website and the purchasing website. If no action is taken then it will escalate to a legal issue. Are there any other precautionary measures I should take or anything?

Thanks,

[JonsMazda]

I think TheProfessor is a lawyer.

[MattC]

In your contract, does it say anywhere that they have the right to display the photos as examples of their work for a portfolio or CV?

A few points:
1) if you signed a contract with company A and that person is no longer part of company A, she is entitled to nothing that was agreed to in that contract, unless your contract stipulates specifics, such as employee names.

2) Unless it was written into the contract that you allow them to display the photos, or a sample of the photos as their own work on thier portfolio they have no right to a) display the photos. and b) reproduce your image or likeness without your written concent.

I am no lawyer, but I work with contracts that are like this alot. Doing work for people where the client retains the rights to the media once the service has been completed. Every time I make a contract I have a specific clause in it that says I am allowed to display a graphical representation or mockup of what I have created for said client on my portfolio/CV.

I am pretty sure there are actual lawyers on this forum, Don't know if they are contract lawyers...

As a first form of action, try just contacting the person and asking if your photos can be taken down from the website, don't mention anything regarding contracts, if you start off just asking nicely they might take it down just to avoid any further problems.

[Wild Weasel]

The first step is definitely to contact them in a friendly manner and try to resolve it amicably. Just ask them to take them down and let them know you're not comfortable with the situation. Hopefully that's all it takes and the lawyer stuff is all for moot. :)

[mEtH]

My contract is with the Photographer A, who's assistant (Photographer B) has decided to work for herself and is using my photos to start her off with out notifying me.

I could understand using some of the photos for portfolio, but no contact and is even selling them! to who knows... I am not familiar with the workings of this site but I better not find my photos used as stock photography.

Oi!

[Broli]

i use ur wedding photos for different reasons . . .
lol


Pat that sux man!

photographer B sounds like a bit of a shady character. Using the shots to sell her work, not so bad (though she shoulda asked ur permission, and should remove if you say so) but selling your wedding pictures, that is just sick!

[MattC]

It sounds then, like you are completely within your rights to tell her to stop displaying, and selling the photos then.

[midnightfxgt]

i use ur wedding photos for different reasons . . .
lol


Pat that sux man!

photographer B sounds like a bit of a shady character. Using the shots to sell her work, not so bad (though she shoulda asked ur permission, and should remove if you say so) but selling your wedding pictures, that is just sick!

To use them in a portfolio to sell her work is one thing (although without permission is wrong), but the fact that she is actually selling YOUR photos to stranger is just freaking weird ! LOL

-John

[ptwonline]

So THAT is where they get the pictures you find in new picture frames and wallets! :chuckle

Definitely call them first and try to settle it amicably. Better for everyone and much cheaper if it works out.