Artist drew a portrait of my adopted son and won't remove it from social media?

[giddyuproo]

Hello,

No idea if I am being unreasonable here... I paid an artist to do a portrait drawing of my son (who is adopted and for safety reasons cannot have any public photos, etc.) the artist posted the finished artwork with the photo reference she used.

I asked if she would please remove it and she says no and that she has every right to post it and needs to for her portfolio...

I don't really know what to do here. Is this true? Can she just use them? :/

Thanks

That’s very bad form of her. I get pictures of my Son taken every year and the Photographers have always asked permission to share an image on Social Media. I was always asked to sign a release for this.

Also, the original photo was yours and she is using that without permission.

Report her (I think you can report direct from the post on Facebook). Have you commented directly on the post to say you haven’t given permission and to ask her to remove it?

Telling me it's "unfair" that she expects me to not show the work she has done

This is ridiculous, she has been paid for the work she has done. It would be a different story If she had done it for free to build her portfolio, but then that would have been apparent from the outset.

Just a couple of things.

Firstly, the artist does hold the copyright to the drawing and also the photograph if she took it herself, unless it is specifically agreed otherwise. The comment up thread about not retaining copyright if employed relates to someone who works for a company that sends them out to produce a piece of work as an employee of that company, such as a photographer’s assistant for example. A self-employed artist will retain rights to the copyright of work they have created although there might be an implicit assumption that the commissioner of the work might also have rights to reproduce the image.

Quite separate to this however are the GDPR regulations which require explicit consent for the use of any personal data, which includes the use of photographic images, irrespective of who owns the copyright. You are not allowed to assume consent to the sharing of personal data, consent has to be explicitly requested and explicitly given. Moreover, under GDPR even if the client initially agrees that data can be shared they can withdraw that consent at any time. All this should be stated in a contract, to protect both the client and the artist. Basically, she should have asked permission first and then accepted it when told no. She should take down any images that she has already posted.

Finally - regardless of what the law says, what sort of professional behaves like this towards a client, especially given the circumstances? Yes, we all want to showcase our best work and it is disappointing when we sometimes can’t do that, but sometimes that’s just the way it goes. If nothing else, it’s just bad business sense.

As to where to go next, the ICO doesn’t have a great track record in pursuing non-compliance with GDPR so perhaps going down the safeguarding route is more likely to get the best outcome, but I’ve no experience of that.

Link to DACS www.dacs.org.uk/knowledge-base/factsheets/commissioned-works

She needs to remove. Tell her social services and the police will be involved as it's a safeguarding issue of a vulnerable minor, and you didn't sign a release to use his photo along with the portrait.

I've no real advice but am fuming on your behalf. Would reporting photo to Facebook (or whatever social media she has it on) be worth a go?

Is the photo one that you provided or one she took? If you provided it she does not have the right to put that on her social media. You can demand she takes that down. If she took it, it seems likely it's still covered by GDPR and you can ask her to take it down. The portrait she made will not be covered by GDPR or your copyright though.

Consider seeing if Social Services or the police would be prepared to go round and verify that it is a safeguarding concern and ask her to take it down. She might just think you're having her on because you don't like it up, but will be more cooperative if there is evidence your concern is genuine.

From eugdor.org eugdpr.org/the-regulation/gdpr-faqs/ Bold emphasis mine.

What constitutes personal data?

The GDPR applies to ‘personal data’, meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people

As other posters have said, bring out the legal guns. GDPR. Social Services. Endangering a minor.

And tell her that, if she cares about her precious likes that much, you are going to start leaving comments and reviews on her social media stating exactly the kind of despicable person she is. Let's see how she likes that.

As other posters have said, bring out the legal guns. GDPR. Social Services. Endangering a minor.

This.

And also everything watchmefly has said.

As a former model, this stuff pisses me off so much. Most artists/photographers are so sensitive and careful about this stuff.

She has crossed a professional line here and you need to scare the shit out of her.

What a vile woman. Likes are more important than the safety of a child. She sounds very immature. Having read the GDPR FAQs I would agree with watchmefly that it looks as though she is in breach. So I’d hit her with that by emailing that link. And tell her if she refuses to remove it you will be contacting the police and social services and doing your best to ensure she receives the 4% fine on turnover.

I would also inform her that removing the portrait is in her best interest and not doing so is putting her in physical danger from your ds’s birth family. They will get in contact with her and get the address from her by any means necessary. She lacks imagination if she doesn’t understand why a child is removed.

Tell her you'll be seeking legal advice first thing Monday morning.

If you get nowhere with Facebook then contact the police who will have more influence over her and Facebook. Facial images online of safeguarded children are dangerous due to reverse image searches becoming so accurate.

You have already asked her to take them down and explained your reasons. Any reasonable person would have agreed to remove them already. I would take action now, you want to get the pictures out of circulation asap rather than waiting for her to refuse again.

I would contact the social media sites yourself now - Facebook, Instagram etc - I think they will take it down straight away and also remove any shared images.

Don't wait to argue backwards and forwards with her about this, she sounds bizarrely stubborn, and those pictures could be down quicker by contacting the sites directly.

For her own website and to prevent her reposting them, I would contact your Social Worker and consider non emergency police. I would also send her a letter stating your legal position - via a Solicitor ideally - saying you will take further action if she doesn't fully comply. You don't want her to post the photos again in future, when you aren't monitoring her sites.

Someone posted a photo of my daughter without my consent. I reported it to Facebook (it's very straightforward to do), as she is under thirteen, and it was gone the next day.

A friend of mine has recently adopted a DD and she couldn’t even visit our local Christmas market for fear of the birth family. I am so cross that any professional would react in such an inconsiderate manner regardless of the legality of what she’s doing.

Are any of your conversations in writing?

I would tell her you hold her responsible if there is any negative impact on your child, and her part in this will be in the local paper and shared all over Facebook should anything happen. That the potential negative publicity will be very damaging. If she says "you cant blame her" say "if anything happens to my boy I do blame you and at the very least I will ruin your business"

The safety of a child should be enough to make her take it down but she sounds very selfish.

As a few people have suggested there is no need seeking legal advice it's very simple to report this to Facebook and they will remove it.

It is your child and someone has shared a picture without your permission and that is not allowed. Don't deal with her further just report.

Tell her to remove it again and then comment on every picture, post, comment she makes on other artists posts etc she makes on any of her social media stating what she’s done. If she cares that much about her online presence it’ll be gone within the week. Then you can carry for a bit as payback if you like.

Most artists have a large portfolio and have no need to post every piece of work they do. She is being ridiculous.

Ask her how much any factual online reviews you may choose to write will help her business. Maybe she’ll get it then.

From an artist’s perspective...Don’t give her a hard time. Artists work incredibly hard for often very little return. She absolutely has every right to add the picture she has done to a portfolio. People often underestimate just exactly what it takes to make a living as an artist, and it’s an incredibly frustrating thing to have to deal with. Some of these replies are incredibly disheartening.

However, in these circumstances you should have explained to her before she took out the work, and she should have been willing to work with you on this. It’s not a nice situation for you to be in, and I hope you are able to resolve it soon enough. Social media really has its nègative aspects and this is one worrying example.

From an artist’s perspective...Don’t give her a hard time. Artists work incredibly hard for often very little return. She absolutely has every right to add the picture she has done to a portfolio. People often underestimate just exactly what it takes to make a living as an artist, and it’s an incredibly frustrating thing to have to deal with. Some of these replies are incredibly disheartening.

No! an artists right to a portfolio does not trump that of a vulnerable child where the adoptive parents are forbidden to post any pictures on SM and by doing so puts the child in danger. This artist is being an absolute idiot, acting illegally and unprofessionally.

@kelsea I’m not sure the rights of the struggling artist in this case trump the rights of an at risk child. Legally or morally.

She’s only herself to blame if her obtuseness damages her long term business prospects.

I'm not a professional artist, but have given presents of my work free as gifts to friends. I've always taken care to ask explicitly if the recipients are happy for me to post work in my portfolio before I do so.

I would expect a professional artist who is commissioned and paid for the work to check this, especially with portraits and works revealing private family information.

Even as an occasional amateur, I have plenty of work in my portfolio- I would expect a professional would have plenty, and has no need to post absolutely everything they do.

Her point about being unable to remove due to shares is nonsense, the shared links are simply modified and come up with a messaging saying “this content has been removed”.

The fact that she is getting shares is worrying. I agree report directly to FB and they will remove. However I would also send her an email explaining what you’ve done and that should the image appear again you will be taking legal advice.