Legal use of personal pictures

I agree with you in saying that it is not legal for your friend to be doing this and she could get in big trouble by using peoples pictures without permission.

Good information about public domain and fair use: http://www.nedcc.org/digital/v.htm

For your relative, her use of most images is fine if they are in the public domain (e. g. 1923 or earlier or the copyright has otherwise expired, see the spreadsheet in the middle of the url above).

As for her use of your images: Tell her you don't want her using your images. Tell her in writing. If she persists, threaten to sue. I know that doesn't sound very nice, but it's a lot less nice if she persists when you've told her not to go ahead, AND you have written proof that you asked her to cease and desist.

If your relative is stating that the photographic images of you that she has ownership of is her right to use these images the simplest way is to inform her that you have not signed a model release for those pictures. Legal problems should be over at that point since she should be aware of her loosing in that situation.
As a photographer if I was to find out she used one of my images I would be contacting her about a one time fee for the use and/or further compensation for the sale.
This is not a good thing for her to be doing at all.
I do applaude her creativity but, to use someone elses work to make profit is unfair. If creative enough she can find a way to not do that.

jespah: You're correct with regard to the copyright issues, but there's something else going on here. cjw's scrapbooking friend is using images of cjw to promote a product: that's not only an uncompensated appropriation of an image (which could be viewed as a breach of an implied promise to pay for such use -- something that quinn1, I think, gets close to saying) but it could also be an invasion of privacy (either a "false light" invasion or as an "unreasonable intrusion" into privacy).

Bottom line, cjw: you have a right not to have your image associated with your relative's business or product. Follow jespah's advice: send a cease-and-desist letter, but don't restrict it solely to the copyright issue.

great link
thanks

cjw- The people who have brought up the legal issues are absolutely rignt.........but there is another complication here. The person is a relative. If you don't want a "mad" in the family, IMO, you need to tell her, in no uncertain terms that you want the pictures removed. I think that at this point, a letter, although it might be perfectly reasonable to send to a stranger or casual acquaintance, may cause more family problems than it is worth.

If you have been very clear with her, and she still does not remove the pictures, then IMO THAT'S the time to send her a letter.

Ah yes, it's all coming back to me now. If I recall, the first case was in the 1800s and it involved a dairymaid's image (a drawing of her) begin reproduced on sacks of flour to sell the flour. She sued and won, and unfortunately my Swiss-cheesed brain has forgotten the name of the case.

Thank you for the replies. Jespah's recommended link was helpful. This discussion as a whole is truly helping me think through my options.

In light of the very good advice here, I am going to give myself more time to moderate my response.

On the one hand, I don't want to offend a relative; on the other hand, discussions on this topic so far have not altered her behavior. She has been using other photos of friends and family members without their knowledge or permission, and I have voiced my objections, stating that I did not think it was ethical or legal. So, I was surprised to discover that she used photos of me without my knowledge.

She avoided a direct confrontation, and probably believes she received an implicit approval for commercial use of the pictures, by showing her work on the couples album to me and my fiance's family at a dinner party last Sunday. The pretext then was that the album was a surprise gift for us, but it has since been made evident that she intends also to use the photos to promote the album as a new product.

I am leaning toward following both points of view expressed in this discussion--talking to her in person and also sending her a written letter to cease-and-desist. In the conversation, I'll let her know my wishes for her continued success, my objection to having my personal pictures used for promotion of her products, and my decision to put a resolution to the situation in writing to protect us both. I hope we can keep separated good family relations from commercial interests.

Thanks again for the helpful advice,

CJ

In drafting a letter, should I cite copyright law or privacy law or both? Or would stating my objections in common language be sufficient--stating something to the effect that "unless you have obtained from me a signed model release form, you should consider any use of pictures of me in violation of copyright and right-to-privacy law."

I am new to the forum, so if this sort of specific question is inappropriate here, please let me know.

Thanks,

CJ

Off hand I'd recommend against referencing any "legalese" directly. Using that type of approach takes things out of the "we're family" realm and immediately puts her on the defensive. (I'm asssuming that you want to stop the picture use but still maintain a cordial relationship at those lovely family gatherings! lol).

I'd say to put things in plain language for any 1st letter. If she doesn't respond to that then you can esclate things.

cjw- If this relative is as naive as you say, you might want to do this: Read the law, and know where to go to find the citations. Then write to her in layman's English, describing the law. It seems to me that if you sound too professional, at this point, she might find it threatening. If you are doing this in an E Mail, you might want to send her links to the appropriate laws. In that way, you are allowing her to find out what is legal, rather than you telling her.

By doing this, you are stepping away from sounding too much like a lawyer.

cjw: I think you have some good ideas on how to handle this. I agree with fishin' and Phoenix that you probably shouldn't bring out the legal citations in the first round (save the big guns for later). In general, keep it on fairly friendly terms. Wish your relative success with the business, but firmly and politely point out that you don't want your photos or your image to be part of it.

As a negotiating tactic, it's often a good idea to give your opponent a face-saving way of submitting to your demands. In this instance, you can say that your relative may have misunderstood your interest in her project as approval for the use of the photos. Under no circumstances, however, admit that you may have also made a mistake or that you might have led her into believing that she had your permission. Give her a graceful way out and she just might take it. Good luck!

Of course, if she doesn't take it well, you could always put a severed horse head on her pillow.

Im just wondering here...who took the photos? Since you're in them then Im guessing it was her or someone else.

You have a good legal case as above have mentioned and I also think it a good idea to keep out of the legal aspect of this right off the bat due to the family issues.
I would point out to her that while you appreciate the gift she created for you that you are very uncomfortable with the use of this gift since it contains your image and you really feel badly about having to be so formal but that it is very important to you that she not use this with regard to her business and she has not seemed to understand the issue previously.
Send it certified.

After that, go forward with vengance. Even if they are her photos, she is legal responisble to get a model release from you for use of your image with regard to her business, advertising, etc. Also, at that point it doesnt hurt that you have spoken and written to her and thats when it can be considered along with the right to privacy issue.

I wouldn't use legalese in a letter. Just say, "Do not use my image for your promotions. You do not have express or implied permission. Thank you."

Short, sweet and to the point.

Even if they are your personal pictures, if they were taken by a professional photographer - the photographer owns the copyright, not you.

If any of the photos she's using, of you or any other client she has, were taken by a pro and are being shown on her website she could be in violation of copyright laws even if she has permission from the people who appear in the photos.

This may offer you an escape clause!

good to keep this in mind and on the front page.