QUESTION
Can a photographer use my child's photos on his website, even if I tell him I do not want my child's pictures on his website?
Asked on Oct 01st, 2012 on Entertainment Law - Florida
More details to this question:
I am a child model stylist and I am also the mother of a child model. I work with a photographer who photographs my child in exchange for referrals. As a result, we do not pay him for the pictures he takes of my child. We use his pictures for her modeling portfolio. When he first photographed my child, I consented (in writing) to allow him to post my child's pictures as part of his photography website. However, now I would like to rescind my consent and am asking him to take the pictures down. I no longer want him using the pictures of my child on his photography website. However, he refuses and says that b/c of copyright laws the pictures are his and he can do as he pleases with them and can keep the pictures on his website regardless of whether I consent or not. But, as the child's mother, if I rescind my consent, doesn't he have to take the pictures down? My goal is to have him remove my child's pictures from his photography website.
1 ANSWER
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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If you did not have a written agreement, then the answer would be simple. However, you gave the photographer permission to use the photographs and unless there is something in the agreement that allows you to terminate it, this could be more difficult. This is further complicated by the fact that a minor is involved. Most states (including Florida) have right of publicity laws that prevent the use of a person's likeness by another for commercial purposes without permission. Here, you gave permission for use of your child's image. However, you should consult an attorney because Florida law provides for the disavowal of contracts made by minors or guardians of minors under certain circumstances. Check out Florida Statute 743.08 Removal of disabilities of minors; artistic or creative services; professional sports contracts; judicial approval, which can be found at http://law.onecle.com/florida/domestic-relations/743.08.html.
Answered on Oct 13th, 2012 at 12:31 PM