photo permission???

[pixcoco]

If I work at a festival and someone ( not idea who or when) took my picture while working are they then allowed to use my likeness in adds, posters and flyers for the next years event without my consent?

[Jolly Well]

As long as you were photographed in a public place - on the street, in a park, in a store, at a restaurant - where anyone can see you, someone can photograph you and publish it for editorial usage. It doesn't matter if you're a regular Joe or a celebrity; there's no reasonable expectation to privacy if you're walking around in public.

The photographer actually owns the copyright of the photograph, and as odd as it seems; you wouldn't be able to use that particular image of yourself without his consent.

It gets tricky if he tries to sell your image for profit. Then he would most likely need a model release.

If he worked for the festival and took the photo on their property, then he most likely doesn't need your permission; but even that can be iffy. Check the contract you signed and see if you may have unknowingly signed a waiver.

Without knowing who the photographer, you may have a difficult time making any progress if it's your intent to have the photo removed.

How exactly are they using your image? That may make a difference, but it sounds like it is going to fall under editorial use rather than commercial.

[pixcoco]

I did not sign a contract. I was there on a verbal contract to face paint in the childrens area. Now I will not be there next, year after 3 year. They showed me on posters, flyers and in the newpaper add for the event. I do not want that happening again since I will not be there next year. Since they decided mid-event that I need to give them 50 percent of my profit. Not the case in the 2 previous years. And was never discussed prior to this weekend.

I still feel that before they advertize that I am going to be ther (by picturing me there, not on any list) they should have at least asked me or confirmed the event with me.

[Jolly Well]

I doubt you'll be able to get much done since the photograph was taken of you on their property during times that you performed there.

If you really want to press the issue, the best route is to get a good IP (invasion of privacy) lawyer that would know the law of your state.

[Pickles]

Frankly, I would be more upset about them stealing half of my profit! That's absurd -- how can they get away with that? Grrrrrr. (angry clown.)

[pixcoco]

They only got a few bucks. Her out burst was at the end of the last day. Just so bizzar. This gal was new. I don't know what happened to the woman I worked with before.

I had a good day with the kids. Painted some really interesting faces and saw a lot of smiles. I made good enough money. I hate the way one person can ruin your whole day.

I guess I learned not to let my gaurd down. Always do a contract no matter how long you have worked somewhere. I hate paperwork.

[Chance Marmalade]

I did a legit theatre show here in Seattle in February and the photographer asked us all to sign a release form. I thought they were required before your image could be used in any way publicly (except in Fair Use). If not, that is a very sticky situation, especially if they are using your image or likeness to promote something you are not in favor of promoting.

[Magic Jeff]

i ususally send out 2 contracts and, i'm not saying i do this (cause to me it's no big deal), but maybe put on the contract about photos. and maybe before shows say "no photography please." if you want i can send you a copy of my contract. you can even copy it. it works for me. and the top of it is just a customizsed section with my information on it. just E-mail me if you want it. anthonyccr@aol.com
feel free

[White Faced Someone]

How rude! I get so upset at how stupid people can be sometimes!