Do photographers have the right legally to post pictures they've taken online?

[D.Thomas]

We recently had our kid's pictures taken and found out our photographer posted them online. She is refusing to take them down after very nicely explaining we don't feel comfortable with their pictures on a public Facebook page. Do we have any legal rights as far as having their pictures removed off of her Facebook page? We never signed a photo release form.

[john]

Yes you should be able to. If not its absurd.

[tonalc2]

Depends where you live. In some states the permission has to be in writing, in others it can be verbal, or just implied by conduct.

[Yeti]

I'd start by very carefully reviewing any paperwork you signed with this professional (?) photographer when you went to had your kids' pictures taken. They may very well have not agreed to do photos in the first place if you hadn't agreed to a clause that allows them to do this.

Otherwise if they're using your child's image to publicly and commercially promote their photography, they'd be wise to get a model release.

I'm not an expert in all the nuances of photography issues, but believe they often would have some rights to the images if used artistically -- i.e., if they did an "artsy" image they can likely sell it / use it as standalone artwork. This is likely somewhat different as you presumably hired them for a specific service and paid them, too. If this is more of a "standard" image and it's mainly being used to (commercially) promote their photography, that's over the line. It's also not possible to get images like that back once they're posted online. You never know where they go or who has them or what they'll do with them.

It's at the least inappropriate for them to ignore your request if they can't come back with a legal reason why they get to do what they're doing -- for example, if they were to say "but that was in your papers."

If it was me, I'd contact a local attorney. Make sure to keep records of all your communication with the photographer. Regardless of laws and technicalities, what they're doing sounds inappropriate.

And oh, you can also simply report the photo to Facebook. There should be a link where the photo is reported too. But I'd be documenting first. This probably isn't going away entirely.

Here are the Facebook links for: "Someone is posting unauthorized images of my child who is a minor" and info on reporting privacy rights issues.

https://www.facebook.com/help/?faq=17288
https://www.facebook.com/help/428478523862899