Saturday, February 26, 2011

WHAT? Is this legal?


This has nothing to do with children's design, but a friend of mine sent me this link today that she randomly saw while helping a friend search for wedding favors. Guess who that is in the photo? Yes that is me and my husband, 5 years ago on our wedding day. She looked at it a few times in disbelief and e-mailed us immediately to ask if we were selling photos to make some extra money! Ha!

First off, I have no idea how this photo got here since they are not on the web or on Facebook. The only thing I can think of is that this photo was used when we were featured in Town & Country in 2007 but seriously what are the odds of them using this photo? Strange right? Just because it was printed in a national magazine does that give them the right to use our photo in stock images of their products? I have no idea, any of you lawyers out there know? Anything weird like this happen to any of you?

7 comments:

  1. I have no legal knowledge but that is just crazy. It doesn't seem like that should be allowed. Beautiful picture though!

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  2. I had a similar thing happen. I was browsing Etsy and totally randomly found photos of me and my husband. The dress designer had seen them on my photographers blog and decided to take the photos and knock off the dress. I was also furious. They are not permitted to use the photos. They need to remove them immediately. Contact them first on your own and if you don't receive a response, have an attorney send them a letter.

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  3. Yes, we had a room shot that we did featured on the cover of a book without our permission. In researching it we found out that photos are the property of the photographer. You might ask him/her.

    Caren
    Bebe Chic

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  4. Can't imagine getting that call from a friend! Have no idea about the legality of the image being used.

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  5. Wow! How scary is that?? Ayyy!

    Unfortunately, if that photo was published in Town & Country, I believe it's their copyright and it will have to be T&C to pick a bone with this company. You could also try and contact them directly and ask them to remove the image but I think that legally, you may not be the person who can "force" them to remove the photo.

    Good luck - keep us posted. Unlawful use of photos can be a scary issue.

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  6. Oh wow Drika! That is nuts! It's a great picture of you both though!

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  7. Your photographer could have sold the rights or when you signed the release for Town & Country they could also sell the rights. The latter seems less likely than the former.

    Or they could be using them completely illegally. Good luck.

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