Photographer Using My Daughter's Pictures in Ad

[Prisoner]

What is the name of your state? TX

The professional photographer is using one of my daughter's senior pictures on a postcard that he has sent to potential customers. She did not consent to this.

Does she have an action against this photographer?

 

[JETX]

"Does she have an action against this photographer?"
*** Very likely, yes. She will need to get a copy of the postcard/ad and then, go talk with an attorney.

 

[HomeGuru]

Writer, were there any documents signed prior to the photo's being taken such a waiver of liability, permission to use photos for marketing purposes etc.?

 

[Prisoner]

Thanks for the replies.

We talked to an attorney and he said that we probably have a case, but there are no real damages that he could go to a jury with since she wasn't a professional model or Brittany Spears...yes he did say that.

He told us to talk to the photographer and ask to see the consent form. We did, they say they have everyone sign one, but they could not produce the one she supposedly signed.

They agreed that some compensation was in order since they used her picture without specifically informing her that they would be using her picture to send to a couple thousand high school seniors in several cities in the area and agreed to give her $300.00 worth of photographs.

The photographer also said that in the future, he would be more specific when he wants to use someone's image for such a mass promotion. He had originally told my daughter that he wanted to put a framed picture on the wall of his studio.

 

[JETX]

Just a comment on their 'offer'.
Their offer of $300 worth of photography services will really only cost them less than $50 in 'real' money (if that).

I would suggest that you either go for CASH, or at least some SPECIFIC photo services (number and size of prints, portfolio, etc.). This latter option may be of particular value if she has any plans to do any professional modeling, etc.

 

[Prisoner]

She has no desire to become a model. She is heading for pre-med school.

Quite frankly, no amount would make her feel better about this. She is very upset that she was used like this. She is not comfortable with her picture being mailed to people she does not know. Being told by the lawyer that there is not much that could be done really floored her.

The attorney said that he would want a $2,500.00 retainer and that the juries in this area would not award much even if she did win.

Live and learn I guess. At least she did not suffer financially as a result of this guy's actions.