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11-28-2006, 10:02 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 4
| | | Photo of my child printed without permission
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? |
11-28-2006, 10:16 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 4,425
| | Quote:
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. |
11-28-2006, 10:23 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 4
| | | 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. |
11-28-2006, 10:36 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | Quote:
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. |
11-28-2006, 10:40 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 4
| | | 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. |
11-29-2006, 09:29 AM
| | Senior Member | | Join Date: Sep 2006 Location: Missouri Ozarks
Posts: 2,727
| | 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.  |
11-29-2006, 09:32 AM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 14,808
| | Quote: |
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.
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Originally Posted by arazi Quote: |
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11-29-2006, 03:55 PM
| | Senior Member | | Join Date: Mar 2004
Posts: 3,861
| | Quote:
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. |
11-29-2006, 04:30 PM
| | Member | | Join Date: Jan 2006 Location: Right behind you
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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? |
11-29-2006, 04:33 PM
| | Senior Member | | Join Date: Mar 2004
Posts: 3,861
| | Quote:
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.  |
11-29-2006, 06:20 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | Quote:
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. |
11-29-2006, 08:53 PM
| | Junior Member | | Join Date: Nov 2006
Posts: 4
| | | 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.  |
11-29-2006, 08:55 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 14,808
| | Quote: |
Ski resort owns all photographs taken during ski lessons.
| If they are the owner of the photograph...
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Originally Posted by arazi Quote: |
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11-29-2006, 08:58 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,179
| | | 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.
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01-03-2007, 11:10 AM
| | Senior Member | | Join Date: Sep 2005 Location: Sunny Fl
Posts: 1,162
| | | 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. | |
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