Publishing photo's on Pinterest without permission

[Lucielane]

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.

Obviously specific advice should be sought but it's quite interesting the government webpage on this indicates the photographer does own the copyright of the images:

www.gov.uk/government/publications/copyright-notice-digital-images-photographs-and-the-internet/copyright-notice-digital-images-photographs-and-the-internet

However there is also a data protection officer contact form on Pinterest's own website you could potentially submit a Right for Erasure request (Article 17 U.K. GDPR) in respect of these images and this may potentially assist. It may assist also to have a look at the ICO website (Information Commissioner's Office - data regulator for the U.K.) which will have detailed guidance on RtE requests.

No, I was giving you the link to a Gov. Site that specifically says that under GDPR the photograph is your personal data so you can get them removed.

My apologies for posting my enquiry on a 'Human Rights' category, I can see that it doesn't fit with that , this is the first time that I have posted on Mumsnet & I'm afraid I am not sure how to use it properly yet, in future I hope to post any comments & conversations in the appropriate category, I guess I thought this is the nearest I could see, be grateful if you could bear with me. Thanks.

@Lucielane I would approach a solicitor specialising in gdpr or photography copyright issues and have them write a cease & desist letter

I don't actually think she's got a leg to stand on, I'm not an expert but I believe gdpr trumps her copyright and she didn't follow basic process.

There are two things here.

The photos were taken for commercial purposes, so you should have been asked to sign a ‘model release’ form, to indicate that you were happy for your image to be used in her marketing photos. As your image is personal information which identifies you, and she was acting in a business capacity when she took and used the photos, then GDPR applies, and you have the ‘right to erasure’ under the GDPR - she must comply with your request to delete them as they include your personal data, i.e. your face. (Note - this wouldn’t apply if you took photos at the beach or on a day out for your own use and not business use, and they had other people in them; it’s fine for anyone to capture your image in a public place if it’s not for commercial use. GDPR doesn’t apply to individuals).

But the copyright of the photos absolutely belongs to the photographer. It’s why you can’t get professional photos taken of you reprinted at a photo shop, such as your wedding photos. The copyright remains with the photographer even if you commissioned them and paid for them.

sorry, you agreed to the photos being published.

These days of GDPR and Copyright 101 would have had you sign a release so the tog could evidence said consent.

GDPR may not apply as it only came in, in 2018. This might pre date that anyway.

You don’t have a right to withdraw consent, as far as I am aware. You entered a verbal contract by your own admission.

Thanks ladies for your helpful comments, the photo's were taken over 10 years ago so I guess you may be correct in thinking that I can't use GDPR regulations to force her to delete them, I would consult a solicitor but don't think I could afford it, I guess I am just going to have to live with the fact that I will be on the internet indefinitely, I realise that this is my fault though. I have considered going to see her about it but as she is now quite elderly I don't want to upset her even though in some ways she deserves it.

It's not against your human rights!!!
You have her permission. You can't now withdraw it the images are her copyright