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My babies' Photo Used in Phonebook ad.

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HolyCow21

Junior Member
What is the name of your state? Kansas - Issue concerns both Kansas City, KS and MO areas.

I have triplets. When they were only a few months old, my wife went to a photo studio to get their pictures taken. They are awesome pictures! Anyway, my cousin was looking for a photo studio in the SBC Yellow pages and comes across an ad for a photo studio that used one of the photos form that shoot in their ad.

I've shown a few people and they all keep asking me if they got my permission. Are photo studios required to get permission from people to use photos of them for advertisement purposes? Does it make a difference if it is a child or baby in the picture? Should they have to pay us for use of the photo of our babies?

Any advice would be appreciated.

Turns out that the Ad with the picture is from a different studio than where the picture was taken. The pic was taken at a studio in KS and the ad is for a different studio in MO.
 
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HomeGuru

Senior Member
HolyCow21 said:
What is the name of your state? Kansas - Issue concerns both Kansas City, KS and MO areas.

I have triplets. When they were only a few months old, my wife went to a photo studio to get their pictures taken. They are awesome pictures! Anyway, my cousin was looking for a photo studio in the SBC Yellow pages and comes across an ad for a photo studio that used one of the photos form that shoot in their ad.

I've shown a few people and they all keep asking me if they got my permission. Are photo studios required to get permission from people to use photos of them for advertisement purposes? Does it make a difference if it is a child or baby in the picture? Should they have to pay us for use of the photo of our babies?

Any advice would be appreciated.

Turns out that the Ad with the picture is from a different studio than where the picture was taken. The pic was taken at a studio in KS and the ad is for a different studio in MO.
Click to expand...

**A: read the papers that your wife signed at the time of the photo opportunity. Was consent given?
 
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HolyCow21

Junior Member
re:

I just called the studio where the the photo was taken. The lady said there is no legal contact of anything that people sign! She said she figures her husband used it because he thought it was a beautiful photo...
 
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HomeGuru

Senior Member
HolyCow21 said:
I just called the studio where the the photo was taken. The lady said there is no legal contact of anything that people sign! She said she figures her husband used it because he thought it was a beautiful photo...
Click to expand...

**A: that was a beautiful response...brought tears to my eyes.
Read your writings again please. Something is not consistent.
 
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HolyCow21

Junior Member
"I just called the studio where the the photo was taken. The lady said there is no legal contact of anything that people sign! She said she figures her husband used it because he thought it was a beautiful photo..."

Not sure what was inconsistent. I guess the above could be edited to change my typo of "contact" to "contract or anything..."

about it bringing a tear to your eye... same here. LOL
 
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sonygirl

Junior Member
I am not a lawyer. When I was in high school my photographer loved the pictures he had taken of me. He had to ask my consent first before he used them as advertisement. Look over anything your wife signed. Sometimes it's in the fine print that they can use those images for their personal use. If it's not then ask for some sort of compensation or let your lawyer ask for it. :)
 
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Happy Trails

Senior Member
Ask your wife if she signed anything.

I walked into the mall and my daughter's graduation picture had been blown up and put on display. Even the brochures that they mail out had numerous photos of my daughter and some other seniors.

It stated on the papers from the studio, which I signed, that the negatives and the photos are the studio's property and they are free to do with them as they wish. (Which included using them for advertising.)
 
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dallas702

Senior Member
No one should EVER have a studio take personal pics if they claim a right to do whatever they wish with them. The potential problems are obvious.

If, as the lady at the studio has claimed, there is no waiver or agreement signed allowing him to use the pics commercially you have hit the gold mine. Well, maybe not a whole mine, but certainly more than pocket change if you want to pursue it. I'm sure there's a lawyer nearby just waiting for your case. Is it a national studio?
 
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HappyHusband

Senior Member
HolyCow21 said:
What is the name of your state? Kansas - Issue concerns both Kansas City, KS and MO areas.

I have triplets. When they were only a few months old, my wife went to a photo studio to get their pictures taken. They are awesome pictures! Anyway, my cousin was looking for a photo studio in the SBC Yellow pages and comes across an ad for a photo studio that used one of the photos form that shoot in their ad.

I've shown a few people and they all keep asking me if they got my permission. Are photo studios required to get permission from people to use photos of them for advertisement purposes? Does it make a difference if it is a child or baby in the picture? Should they have to pay us for use of the photo of our babies?

Any advice would be appreciated.

Turns out that the Ad with the picture is from a different studio than where the picture was taken. The pic was taken at a studio in KS and the ad is for a different studio in MO.
Click to expand...
The studio doesn't need permission. They own the photos.
https://forum.freeadvice.com/showthread.php?t=266902&highlight=IAAL
 
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