Photo of my child printed without permission

[aa134469]

What is the name of your state? New Mexico/Colorado
A ski resort recently published a brochure and used a photo of my 5 year old daughter on the cover. The picture was taken with my permission, I signed a standard ski school contract, but I was not notified nor asked permission for it's use on the cover of a brochure. Am I entitled to renumeration for this? I live in New Mexico, the ski resort is in Colorado, but I picked up a copy of the brochure in my city at a sporting goods store.What is the name of your state?

[Happy Trails]

Originally Posted by aa134469

What is the name of your state? New Mexico/Colorado
A ski resort recently published a brochure and used a photo of my 5 year old daughter on the cover. The picture was taken with my permission, I signed a standard ski school contract, but I was not notified nor asked permission for it's use on the cover of a brochure. Am I entitled to renumeration for this? I live in New Mexico, the ski resort is in Colorado, but I picked up a copy of the brochure in my city at a sporting goods store.What is the name of your state?

Do you mean remuneration?

Anyway, I would bet the papers you signed had a clause allowing them to use the pictures they take as they choose.

[aa134469]

Yes, I guess I mean remuneration, don't know the legal term? Wondering if I can get some sort of cash for her college fund. I know that the contract I signed had a clause but this is a little extreme, she is on the cover of a widely distributed brochure.

[Zigner]

Originally Posted by aa134469

Yes, I guess I mean remuneration, don't know the legal term? Wondering if I can get some sort of cash for her college fund. I know that the contract I signed had a clause but this is a little extreme, she is on the cover of a widely distributed brochure.

You acknowledge that the contract you signed had a release, but once they actually USE a picture, you have a problem.
I'm sorry, but you didn't hit the lottery on this one...move along now, move along.

[aa134469]

You guys are brutal here! When I signed the very standard contract, I expected maybe to see a photo of my 5 year old when I went to return my boots or something, maybe at the actual photo booth, but it came as quite a surprise to see her on the cover of a brochure with nationwide distribution. And tell me what I should have done when faced with a standard contract so my child could take ski lessons? Suggestions?
Thanks.

[Ozark_Sophist]

It really depends on what the contract you signed actually states. Without the contract language, it would be hard to give any suggestions, other than save a bunch of brochures to embarass your daughter with when she starts dating in ten years or so.

[moburkes]

The picture was taken with my permission

YOU said that you gave permission for the photos. No one here knows what type of "permission" you gave. We can't see the contract.

[AHA]

Originally Posted by aa134469

I know that the contract I signed had a clause

So how about you wise up and tell us word for word what that clause says??? I can't believe I actually had to ask for that!!!!! No one here is a mind reader, lady.

[averad]

Originally Posted by AHA

So how about you wise up and tell us word for word what that clause says??? I can't believe I actually had to ask for that!!!!! No one here is a mind reader, lady.

The OP was holding the contract to the monitor, didn't you see it?

[AHA]

Originally Posted by averad

The OP was holding the contract to the monitor, didn't you see it?

Nope, I didn't, but I guess that's the price I have to pay for not being a blonde.

[Zigner]

Originally Posted by aa134469

You guys are brutal here! When I signed the very standard contract, I expected maybe to see a photo of my 5 year old when I went to return my boots or something, maybe at the actual photo booth, but it came as quite a surprise to see her on the cover of a brochure with nationwide distribution. And tell me what I should have done when faced with a standard contract so my child could take ski lessons? Suggestions?
Thanks.

You could have crossed out the offending portion, initialed it and asked the rep to initial it. Or, you could have not done the ski lessons with that company.
My suggestion is to think about these things BEFORE you sign contracts.

[aa134469]

Okay, okay guys, I don't have the contract, I actually threw away the copy I had, but now I am having second thoughts after the ski resort called and offered full season passes and as many ski lessons as we can use for our family of four. The contract said something like...Ski resort owns all photographs taken during ski lessons. It may or may not have said ...and has the right to use for any purposes, etc....

I know you guys are hard asses, but I was just curious if I had a right to get upset that they used this photo, without specific permission, on the front page of a brochure! A full head shot! Not a little picture of her skiing down the mountain, I mean she is the cover!

The policy according to them, is to obtain permission from the parents first. They are very apologetic, they insist their marketing director told them we had given permission, they are giving us some serious compensation (the ski passes are around $600 a season per person, plus lessons are $90. a day.

That's where it stands now.

[moburkes]

Ski resort owns all photographs taken during ski lessons.

If they are the owner of the photograph...

[BelizeBreeze]

actually, depending on the circumstances of the picture, where it was taken and other specific facts, the presence of a contract stipulation or not existing is not controlling in the right to use or not use the photo.

For example, if the photo was taken by a stranger with no connection to the school and/or ski resort but with permission to photograph, and the lessons were conducted in a public place, then the photographer would have every right to use such without permission.

[Gadfly]

Gosh, here's thought. Ask the school to send you a copy of the signed contract. Then READ it and see where your really stand.