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From: Pudge99
Date: 04-23-2004, 10:09 PM (1 of 11)
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My father called me to tell me that my daughter's baby picture is being used in an advertisement in his local paper! This is a picture that I took myself and only gave copies to family. I know we have few people in the legal field on this board and I was wondering if you might give me some advice on what to do. Without stepping on family toes(if possible). I have spent the evening searching for information on the subject but have only found cases where photographers sold pictures without consent. Also if anyone else has experience with something similar I would love to hear about what happened. Gina
Pictures of my successes and failures Pfaff 2040 Janome Mylock 134D Singer Futura CE-100 w/ Autopunch Husqvarna Viking 3D Sketch |
User: Pudge99
Member since: 10-30-2001 Total posts: 1375 |
From: MaryW
Date: 04-24-2004, 05:32 AM (2 of 11)
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Gina, first be very, very sure it is your daughter in the ad. If it is, contact the advertiser immediately. I am not sure but I don't think that the advertiser can use the picture without permission. Someone is selling something and making money off of your daughter's photo. Not only that but they used a picture without permission. I would also let the newspaper know that the advertiser is unscrupulous. Just my two cents worth.
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542 
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From: LeapFrog Libby
Date: 04-24-2004, 03:31 PM (3 of 11)
I think , in the case of an infant or small child, only parent or guardian can give permission to use photos anyhow.. So you have a perfect right to explore the origin of the photo, if it is, indeed, your daughter.
Sew With Love
Libby |
User: LeapFrog Libby
Member since: 05-01-2002 Total posts: 2022 
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From: DorothyL
Date: 04-25-2004, 09:45 AM (4 of 11)
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It's quite possible the photo was used as clip art by the newspaper not given to the paper by the advertiser. The paper would have bought it in some sort of clip art bundle of non copyrighted material. That means the place where it was developed -- not the place you took it to but the place they sent it -- sold it. They probably own the rights to the photos they develop. I could be wrong but sometimes it works that way. Dorothy |
User: DorothyL
Member since: 12-09-2002 Total posts: 3883 |
From: Pudge99
Date: 04-25-2004, 01:20 PM (5 of 11)
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I worked for the company that developed the picture. This was 11 yrs ago. They did not send them to a separate company. Thye were developed in one of their local stores. They had just gotten one of those blow it up yourself machines like they have in all the Walgreens now. I did have enlargements made of this picture is it possible that the image was stored on this machine and then later sold as clip art? If this is the case I do believe that I will never use a film camera again. By the way I am certain that it is my daughter as I have now seen the advertisement. Gina
Pictures of my successes and failures Pfaff 2040 Janome Mylock 134D Singer Futura CE-100 w/ Autopunch Husqvarna Viking 3D Sketch |
User: Pudge99
Member since: 10-30-2001 Total posts: 1375 |
From: LeapFrog Libby
Date: 04-25-2004, 06:44 PM (6 of 11)
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I think you need to contact this company and tell them you did not give permission for them to use this picture. Especially since you have the picture to prove that you own it..Do you have a relative or close friend who is an attorney?? Maybe get an attorney to write the letter..I bet they are willing to pay for the use of the picture..
Sew With Love
Libby |
User: LeapFrog Libby
Member since: 05-01-2002 Total posts: 2022
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From: MaryW
Date: 05-10-2004, 06:55 AM (7 of 11)
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Gina, whatever happened with this? Did you contact the advertiser?
MaryW
owner/editor of Sew Whats New |
User: MaryW
Member since: 06-23-2005 Total posts: 2542
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From: Pudge99
Date: 05-10-2004, 01:20 PM (8 of 11)
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Mary, I decided I should talk to a lawyer before I make contact with the advertiser. I have only made first contact with the lawyers office. Everytime they call me back I am out and when I return their call they are busy. Hopefully I will get things moving this week. I'll keep you informed. Gina
Pictures of my successes and failures Pfaff 2040 Janome Mylock 134D Singer Futura CE-100 w/ Autopunch Husqvarna Viking 3D Sketch |
User: Pudge99
Member since: 10-30-2001 Total posts: 1375 |
From: DorothyL
Date: 05-11-2004, 08:13 AM (9 of 11)
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Gina -- You will probably get better advice there than from us. Good luck. Dorothy |
User: DorothyL
Member since: 12-09-2002 Total posts: 3883 |
From: praisGod7777
Date: 05-21-2004, 12:18 PM (10 of 11)
| Have you found out any more about this? I would really like to hear what has been done, if anything. My husband is always worried that something like that will happen with the extra pictures they make at places like Wal-Mart's photography. We don't take our girls there anymore since we always end up buying the "extra" pictures so that no one else gets them. |
User: praisGod7777
Member since: 05-16-2004 Total posts: 1 |
From: Pudge99
Date: 05-21-2004, 08:21 PM (11 of 11)
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After playing phone tag with the laywer for a few weeks I made contact today. I will let you all know how it turns out.
Gina
Pictures of my successes and failures Pfaff 2040 Janome Mylock 134D Singer Futura CE-100 w/ Autopunch Husqvarna Viking 3D Sketch |
User: Pudge99
Member since: 10-30-2001 Total posts: 1375 |
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