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Sale of Portrait Photography to Stock Sites?
Posted by: TLB
Date: February 19, 2024 04:30PM
Is it normal practice to sell portraits to stock sites? Some of my child's senior photos were sold to a stock photography site and the likeness has been used in production of internet media that is potentially reputation damaging. A decade ago, we thought we were granting rights for use of the photo in the marketing of the photographer's business, but apparently it was much broader than that. And of course we didn't anticipate the evolution of the internet, and the content that would be created. Just waiving the red flag for others while we contemplate damage control.
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: pqrst
Date: February 19, 2024 06:10PM
Ugggh. I wouldn’t think it would be allowed. But it needs to checked. And maybe something that a bunch of parents need to get together on to light a fire under the school or yearbook company. I will say that it also could be that the yearbook was scanned or digitiized without permission too.
My 2 cents
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: Gareth
Date: February 19, 2024 06:13PM
That doesn't sound normal at all. I imagine from a decade ago you may not have a copy of what you signed, but I wonder if the school still has records of the (blank) release so you could double check. And does the school still use this photographer?

Have you found the "source" site where the image is listed as a stock photo? Is there any way to link the account back to the photographer? Are there other classmates uploaded to the stock site?

The photographer could be a bad apple, but it's entirely possible that someone else got ahold of the photo somehow and uploaded it to a stock site without permission. I.e. B.J. Novak (from The Office) somehow got uploaded to a stock site and is now on a variety of products (mostly overseas, I believe): [www.nytimes.com] (he seems to take it in stride, but I can see how the situation could be truly aggravating depending on how the photo is being used).
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: NewtonMP2100
Date: February 19, 2024 06:15PM
.....Simu Liu early in his career modeled for stock 'office photos'.....because he signed contract, they have the rights in perpetuity......if you can find a copy of what you signed....



_____________________________________

I reject your reality and substitute my own!
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: JoeM
Date: February 19, 2024 06:27PM
Even if you don’t have the contract you could try contacting the stock site and threatening to sue if they don’t remove the image. Sometimes just a threat works but oftentimes it doesn’t.



JoeM
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: Gareth
Date: February 19, 2024 06:50PM
And if you do know or can find the stock photo site listing the image(s), you might be able to ask them to see a copy of the model release for the photo (I imagine being the concerned parent you are might get them to cough it up, but if not, posing as a prospective customer might), i.e. [www.alamy.com]

That way, you'd know what you had signed or if the uploader forged the release, or if the uploader doesn't send a release, the stock site will probably remove the image.



Edited 1 time(s). Last edit at 02/19/2024 06:52PM by Gareth.
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: anonymouse1
Date: February 19, 2024 08:13PM
What JoeM and Gareth said.
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: cbelt3
Date: February 19, 2024 08:44PM
Ugh. Please do reach out to her school.. all the other alumnae are at risk, as are current students.
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: C(-)ris
Date: February 19, 2024 09:23PM
Quote
cbelt3
Ugh. Please do reach out to her school.. all the other alumnae are at risk, as are current students.


Senior pictures are rarely done by the school. Seniors and parents work directly with a photographer they chose and hire. What the photographer can and cannot do with the photos is going to be determined almost entirely by the contract that they signed when the pictures were taken.

Yearbook photos are done by the school, typically done through a major studio like Jostens or Lifetouch.



C(-)ris
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: $tevie
Date: February 19, 2024 10:33PM
You need to see if the stock photo site has a clause against sensitive use, in which case the stock photo site can make them take it down. You need to find out if the paperwork you signed had a clause against sensitive use, because if it did then that means you can have it taken down. And if it really can damage their reputation, you don't have to worry about any of that because a sensitive use clause doesn't consent to defamatory use.

I would start by contacting the stock photo house, because they would have the legal team to get it taken down.



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Re: Sale of Portrait Photography to Stock Sites?
Posted by: mrbigstuff
Date: February 20, 2024 08:44AM
Quote
JoeM
Even if you don’t have the contract you could try contacting the stock site and threatening to sue if they don’t remove the image. Sometimes just a threat works but oftentimes it doesn’t.

yes, but have an attorney send it on their letterhead.



Hurts like a bastid...
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: TLB
Date: February 20, 2024 12:36PM
My child is an adult now and is dealing with it. As noted, in our area senior photos are commissioned with commercial photographers. The photographer provided a copy of the agreement but it is signed by the "client" (my wife), not the model and it is more liberal use than what was described in our discussions. The photographer however has been quite cooperative and voluntarily removed the photos from the stock site and noted that the end user of the photos is in violation of the sites use license along the lines $tevie noted. My child is taking further steps.


Basically a documentary was prepared on several named offenders, but the "gang" is purported to have included several additional, unnamed individuals. The producer decided to use stock images to represent the unknown players.
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: hal
Date: February 20, 2024 01:23PM
Quote
TLB
My child is an adult now and is dealing with it. As noted, in our area senior photos are commissioned with commercial photographers. The photographer provided a copy of the agreement but it is signed by the "client" (my wife), not the model and it is more liberal use than what was described in our discussions. The photographer however has been quite cooperative and voluntarily removed the photos from the stock site and noted that the end user of the photos is in violation of the sites use license along the lines $tevie noted. My child is taking further steps.


Basically a documentary was prepared on several named offenders, but the "gang" is purported to have included several additional, unnamed individuals. The producer decided to use stock images to represent the unknown players.

that producer should see a very nasty lawyer letter...
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Re: Sale of Portrait Photography to Stock Sites?
Posted by: rgG
Date: February 20, 2024 03:22PM
Quote
TLB
My child is an adult now and is dealing with it. As noted, in our area senior photos are commissioned with commercial photographers. The photographer provided a copy of the agreement but it is signed by the "client" (my wife), not the model and it is more liberal use than what was described in our discussions. The photographer however has been quite cooperative and voluntarily removed the photos from the stock site and noted that the end user of the photos is in violation of the sites use license along the lines $tevie noted. My child is taking further steps.


Basically a documentary was prepared on several named offenders, but the "gang" is purported to have included several additional, unnamed individuals. The producer decided to use stock images to represent the unknown players.

Damn. That was an idiotic thing for the producer to do.
What would they have thought if a picture of a relative of theirs had been used.





Roswell, GA (Atlanta suburb)
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