Q: Can I request that pictures of my daughter be removed from a website?
Recently JBP did a free session of photos for my 8 mo. old daughter. During the session, the photographer had headbands/hats for her to wear. I thought the pictures from this session would be put on the photographer's website or in her portfolio, but I now see that the pics are posted on her friend's website (the friend that made the headbands/hats). I do not feel comfortable with this. Wondering if I can require them to be removed? I signed a contract with the photographer that stated the following:
"Model Release: The CLIENT & Subject hereby grant to JBP and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The CLIENT hereby releases JBP and its legal representatives and assigns from all claims and liability relating to said photographs."
A:
It is clear that JBP has a copyright to the work, so there is no claim for copyright infringement. However, you have a different legal claim here.
JBP gave the pictures to its friend, and you did not release the friend from liability. Hence, there is a possible "using, without written consent, [of] a person's name, portrait or picture for advertising or trade [with respect to the JBP's use]." - Ladd v. Ueker, 780 N.W.2d 216 (2009).
While you gave written permission to JBP to use the picture for advertising or trade, you did not give that permission to JBP's friend. Therefore, JBP's friend may be held liable for this unlawful use of your daughter's likeness for commercial advantage.
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