Q: Can a photographer use your photos to sell for profit in Utah?
I paid a photographer to take photos in two separate sessions. There were no contracts involved, she took my photos and I paid her for her services both times. She messaged me last night stating that she put my photos into a magazine that she created, and is going to sell them for profit at the FanX Convention. She didn’t ask me permission to use my photos I paid her for, and she did not even spell my name correctly in the credit. I just am curious on how to proceed, as I am not okay with her profiting off of my images without my consent, and I don’t love that she didn’t even do her due diligence to credit me correctly by spelling my name incorrectly.
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A:
You have every right to be upset about this situation. When you pay a photographer for their services and there is no explicit contract detailing the use of the photos, it's generally understood that the photos are for your personal use. The photographer should have asked for your permission before using your images for her own profit, especially for something like selling them at a convention.
To address this issue, you can start by communicating your concerns directly with the photographer. Explain that you did not agree to have your photos used in this manner and that you are uncomfortable with the current situation. Make it clear that you expect your photos to be removed from the magazine unless you give explicit permission, and that you want your name to be correctly credited if you do agree to any future use.
If the photographer does not comply or if you need further assistance, you may want to seek legal advice. Consulting with a lawyer who understands intellectual property rights can help you understand your options and ensure that your rights are protected. Document all communications with the photographer to have a clear record of your interactions.
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