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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

pics of my neice on website

11 replies

halliwell22 · 12/11/2014 12:10

Hi i would like some advice I have a website selling jewellery that donates to two charities. I ask my sister to model for the site banners just on the front page and she agreed to it and to some pics of my neice with her all pics are very tasteful and the website designed by a proper company nothing dodgy at all. My sister saw the site and was fne with it and complimented how it looked etc but now her partner (not married) wants them removed it turns out she didnt tell him and they are not getting on well at all. I have offered to remove them if they foot the bill and the company has reduced the price greatly but they dont want to pay up and our now calling me as a gay man married to my partner of 5 years all sorts of hatefull things as you can imagine. How should I handle this please

OP posts:

titchy · 12/11/2014 15:52

Who took the photos? AFAIK the photographer own the copyright, so if your sister or her partner took the photos you'll have to remove them at your own cost if necessary. IANAL though.

LIZS · 12/11/2014 15:56

how old is your niece , did she or sil sign a release form ? Who took the pics?

LIZS · 12/11/2014 15:57

sorry , sister

FunkyBoldRibena · 12/11/2014 15:59

AFAIK the photographer own the copyright, so if your sister or her partner took the photos you'll have to remove them at your own cost if necessary.

They own the photos but unless there is a model release form signed, they don't have the rights to publish the photos.

Original poster

halliwell22 · 12/11/2014 16:28

Hi I took the photos myself, my sister knew what she was modelling for. She was only to pleased to help out my niece is under 5 but in the photos she is with my sister. I showed her the website and she was pleased with it. They were both wearing the jewellery and only to pleased to accept it. I have offered to remove them at there cost greatly reduced by the company but still she keeps slandering me and my partner and as gay men we have to put with a lot. Do people think when they put family pics on facebook etc? sometimes it the only to see family. Im consulting a solicitor now its such a shame it got to this. When did helping family become a legal battle.

OP posts:

prh47bridge · 12/11/2014 18:19

They own the photos but unless there is a model release form signed, they don't have the rights to publish the photos

Not true. There is no requirement in UK law for a model release form. If there was a lot of photos of celebrities, politicians, etc. that appear in the press would never see the light of day.

The photographer has the right to publish the photo regardless of whether or not they have a release form unless the photo was taken in circumstances where the subject had a reasonable expectation of privacy. However, a model release form can help to avoid disputes.

PatriciaHolm · 12/11/2014 19:55

Surely the cost of a solicitor will greatly outweigh the cost of just getting the pics removed? Not sure why there is any sort of measureable charge for that either - it's the work of about 2 seconds.

Cabrinha · 13/11/2014 17:23

Why are you seeing a solicitor?
Does it matter what the law is?
Your sister has changed her mind about the photos (or possibly been forced to change it) so you take them down. End of.

InfinitySeven · 13/11/2014 17:26

It doesn't sound like Halliwell maintains his own website. Also, there is a chance that the images feature prominently. This would require him to get the website designer to remove the images and replace them with others. Most designers will charge for that type of thing, and obviously the cost will depend on the designer and the amount of work.

If the images are prominent and numerous, it could be an expensive task to have them all taken down and replaced, and then there is following up on other places now displaying the images, which isn't uncommon at all.

twizzleship · 13/11/2014 21:10

have you asked her to pay for the jewellery she kept when they did the modelling? if it were me i'd be sending her a letter outlining the costs fdor removal of the pics and cost of the jewellery she took and pursuing her through the small claims court. what a bitch!

oh and i'd log the abuse with the police...they tend to take gay hate crimes quite seriously...

Cabrinha · 14/11/2014 12:19

I think OP needs to separate the legal issues.

The abuse - report it. Totally unacceptable and breaks the law.

The photos - prh has explained that a release form is not necessary. There is no legal battle to be won here - he doesn't need to fight to keep the photos, she would have to fight for him not to.

I just think in these circumstances, she is family and the best way forward is to remove the photos, even if it is at his own cost.

I would start by proposing to her that she pay, then take down whether she does or not, but also warn her that one more word of abuse and he is going to the police.

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