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Human rights

Publishing photo's on Pinterest without permission

34 replies

Lucielane · 25/04/2023 23:08

I wonder if anyone would has any thoughts on this, a few years ago I was asked to model a range of period costumes for a historical costume maker to use on her website, I agreed & the lady posted them, however after about a year I decided that I didn't want them on there anymore, after a lot of argument she agreed to take them off the website, I thought that was the end of it but have recently discovered that she has opened a Pinterest account & published about 60 photo's of me wear very unflattering victorian/edwardian dresses, she refuses to remove them saying that as she took them with her camera that she has copyright & that therefore there is nothing I can do about it & she intends to keep them on Pinterest permanently, apparently content never expires on Pinterest so I am worried that these photo's will remain forever on Pinterest, other users have also repinned them which further embeds their permanence . Is there anything I can do about this? What do people think? Thank you.

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QueenSmartypants · 25/04/2023 23:26

Someone will know better than me, but I think that unless you signed a release form, then GDPR governs here and if you want them removed then they need to be removed.

It if reassures, Pinterest is pretty good at removing images where permission is refused for them to be uploaded.

Lucielane · 25/04/2023 23:36

Thank you, Im afraid that she is convinced that because she 'created' the photo's then she owns the copyright & therefore can do what she likes with the photo's, when I have looked at Pinterest copyright policies it all seems to be all about the copyright holder having control & nowhere does it mention the rights of the person who has been photographed, I should never have allowed her to take them.

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Sixfaithfulservingfriends · 25/04/2023 23:38

pp may be right op.

https://ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-photographers/

“What about GDPR?As a photographer, you probably want to share your work widely with the public to help grow your business and promote your greatest pieces. That’s why, besides from copyright, it is also important to understand GDPR.
We know that photographs not only have meaning to the photographer, but to the people in the image. And there may be times when a model in a photograph objects to their image being shared. In this scenario, under GDPR a photograph is classed as someone’s personal data. Here are the steps you can take to prevent your greatest work remaining secret:”

Copyright and GDPR for photographers - Intellectual Property Office blog

Updates and information from the Intellectual Property Office

https://ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-photographers/

Lucielane · 25/04/2023 23:45

Sorry I'm not sure what you mean? Are you defending the lady who took my photo's & posted them on Pinterest without my consent?

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JaneJeffer · 25/04/2023 23:50

other users have also repinned them which further embeds their permanence
Pinterest will remove them all if they're deemed to belong to you.

Lucielane · 25/04/2023 23:56

That's what I am unsure about, if she took them then would pinterest deem them to be the photographers & therefore also the copyright holder's, do I have any right or say over what she does with them, I guess I don't feel I have any power to demand that she takes them off Pinterest & that Pinterest would back her & not me? Sorry I'm not sure what the law would say about this.

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Throwawaytheusername · 26/04/2023 00:05

Was this a paid job? What does your contract say?

If unpaid, did you sign a release?

Lucielane · 26/04/2023 00:17

No this wasn't a paid job, I am not a professional model, she asked me to model the dresses as she thought I would suit period styles, I verbally agreed that she could put hem on her website, then when I saw the photo's on the site I changed my mind & asked her to remove them, she refused for a long time, then after about 2 years she told me that the website was closing, so I thought that would be the end of it, until I discovered that she had opened a pinterest account & posted about 60 photo's of me wearing her period dresses , I again asked her to delete them but she has refused saying that as she took them then they are legally hers & she owns the copyright & therefore wants to keep them permanently on Pinterest as her personal 'legacy' as she has now retired & is in her old age & wants the photo's to represent her achievements as a historical costume dressmaker, Only she can remove them if she doesn't then they will probably remain on Pinterest forever, also if she passes away then I would have no chance of getting them removed,

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Throwawaytheusername · 26/04/2023 00:26

I’m surprised she didn’t get you to sign a release - this is basic 101 for marketing materials.

May I ask who is this person to you and how old were you when these pictures were taken? (I can’t give you legal advice, but I’m happy to share a reasonable persons opinion)

Nimbostratus100 · 26/04/2023 00:30

I suspect the fact that you put on the costumes and posed would indicate a "clear signal that you agreed to be photographed"

Deathbyfluffy · 26/04/2023 00:33

I can see why she’s annoyed and unwilling to help - she’s taken the time to have you model the clothes in order to show off her work yet you’ve decided you no longer want them displayed.

The time to object was before they were taken - I’m not sure there’s much you can do bar going legal, and even that may not work as you obviously gave consent by modelling in the first place.

I have a feeling this may be an important life lesson

Lucielane · 26/04/2023 00:38

Yes I did model the dresses & agreed to them being put on the website, I was in my 40's & obviously a mature adult, however, I changed my mind & withdrew my consent which I feel I had a right to do, she refused to delete them, eventually for technical reasons the website closed so I thought that would be an end to the issue, until I discovered that she had put them on Pinterest, to me this is even worse because Pinterest is an image sharing site so the photo's of me have been shared by several other 'Pinner's' which will make it even harder to remove them, she still refuses to delete them & wants them to stay on permanently, potentially they could remain on Pinterest for years!

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Wiccan · 26/04/2023 00:49

Your image can be copied from any where even her original website . It's the nature of the beast .she does own the copyright of the image she took .you were in your 40s and agreed . This isn't about where the images are it is however about you not liking how you look in them ? If so ask her to edit your features out ? Problem solved !

Lucielane · 26/04/2023 00:54

Thanks everyone for your comments, I feel I can only blame myself but it does feel wrong somehow that these photo's of me will remain forever on a public platform & can be viewed, downloaded, shared by anyone, anywhere in the world, trust me if you saw them I think you would be giving me your sympathy. Going to bed now, I will check in again tomorrow & see if anyone has left any further insights or general comments. Thanks all, goodnight.

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Throwawaytheusername · 26/04/2023 00:57

I don’t think you can withdraw your consent after “the act” you are consenting to is complete… you can before and during, but not after.

Im sorry you feel this way though. Hopefully the pics are very niche and won’t impact you in your day to day life.

Lucielane · 26/04/2023 00:58

It's a good idea, but she would struggle with the technicalities of blurring my face, she wouldn't agree anyway, she says my face is suited to period costume.

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snitzelvoncrumb · 26/04/2023 01:01

You will need actual legal advice on this, not just random opinions. I would ask an intellectual property lawyer. A GDPR is required to use photos, but I don’t know if a model or photographer owns the rights. You won’t get all the photos removed from the internet, but you might be able to stop the photographer using them.

Wiccan · 26/04/2023 01:01

Seriously , is this a joke or a typical I had some very regretable shots taken a few years ago and they are on the net and how do I get them taken down ? .

Kerfuffler · 26/04/2023 01:04

Wiccan · 26/04/2023 01:01

Seriously , is this a joke or a typical I had some very regretable shots taken a few years ago and they are on the net and how do I get them taken down ? .

It's a human rights issue, apparently.

Throwawaytheusername · 26/04/2023 01:09

For what it’s worth, I was used to model as a child for a relative who was a professional photographer. The photos are seriously cringe (nothing untoward) just very, very embarrassing to me.

Fortunately before the days of the internet- as this relative was award winning so they probably would have gained traction.

Although weirdly, I did see a poster version of myself up in a vintage boutiquey shop once. I asked them where they got the image from and it turns out they’d had a bunch of different posters made (not just me, other people I knew too) from some vintage negatives they bought. Negatives that I knew had been taken in a burglary many, many years before. They gave them back to me which was very nice of them.

Wiccan · 26/04/2023 01:26

OP it's quite simple ask the women to obscure your face ! Unless its photos you took yourself and regret it and shitting yourself that images are now on the net . If you were forced into this then seek legal advice .

Wiccan · 26/04/2023 01:28

Kerfuffler · 26/04/2023 01:04

It's a human rights issue, apparently.

What for Victorian clothing ?

Wiccan · 26/04/2023 01:35

Kerfuffler · 26/04/2023 01:04

It's a human rights issue, apparently.

I doubt this is a human rights issue 😂

Kerfuffler · 26/04/2023 01:36

Well, it's in the human rights forum...

Can anyone forward this thread to NATO and ask if they can intervene on OP's behalf?

Wiccan · 26/04/2023 02:05

Kerfuffler · 26/04/2023 01:36

Well, it's in the human rights forum...

Can anyone forward this thread to NATO and ask if they can intervene on OP's behalf?

Maybe would know her clothing form takes of people in outfits granted not really Victorian but still outfits 🤔