UPDATE : Take Your Photos Down

[Joanne ~ Spud*]

Ugh.  I've been so busy and have thousands of photos to go through, catch up my challenge ( yes I've kept up with the weekly challenge to myself just not the posts)

Anyway, I finally posted some photos to FB from a family event from the July 4th holiday last night.

Today, I got an formal/ informal  ' cease and desist' order from the parents of some of the children in the photos. Yes, at least one parent is an attorney if not both.     I never even thought about the legality of posting someone else's children to the internet.  I dont even know what the laws or etiquette  would be about that issue; taking photos, posting, as your own work.  Especially when they placed their children into the family photos in the first place. 

The situation: My niece and brother-in-law asked if I had my camera with me ( of course I did) and would I take  take photos of her newborn son and another nephew visiting from Arizona,   A family gathering with some photos, event situation.    Only then ( when asked) did I go to my car and bring my camera out for photographs.  The baby was not cooperative and neither was the tired new mother.  For about 3 minutes I took some photos and I thought several came out really cute.

My niece also had her friends at the event and their two beautiful children that were placed with my two nephews into the photos.  They were there and saw what I was doing  yet they never objected and even help pose their children for the ' family' shots and even posed themselves into a few photos.   Actually, most of the good photos had their children in the family group shots.    Actually, none of the good ones of my own relatives came out except images with the other children in the photos.  So, there are none to share with my family members on FB unless sent in private message.  Certainly now, I will not send that way either in case they are posted by someone else in the family for fear I would be sued.  

I'm a tad embarrassed- very embarrassed. It is odd that recently, I work on photos but dont post because I second guess each shot--'not good enough, could be clearer, same ol' subject, etc'   I finally post something only to get a notification to immediately remove from the internet even though the subject was never brought up at the time and they inserted their own children into family photos anyway.  

I never publicly or otherwise state " I am a photographer' or offer my services for sale. I present myself as a hobbyist/enthusiast. .  

Feel free to put your input, Pro or Con, into my situation. Maybe I could have a better understanding

[Camilla and Darwin]

In general I never take photos of children I don't know, because if I was a parent at a park or something I would not want my children photographed by strangers. As far as the law goes, I'm aware that anyone in a public place can be legally photographed, UNLESS it's used for any kind of commercial or promotional purpose. Then you must obtain a model release. I think overall it's safer and easier to stay away from photographing unknown children.

That being said, a posed group situation like you described is totally different. A posed group means that they knew their children were being photographed and didn't protest. How could you have known in that situation that they wouldn't be comfortable with it? If the parents watched you putting the kids into the photos and said nothing I find that really odd. Especially if it was at a family event. I guess they may have not realized they would go online, and perhaps they are sensitive about their children's online presence. Obviously the easiest/cleanest thing to do would be to apologize, and ask if you can send the photos privately to whoever needs them. 

[Laurie, Fudge, and Vern]

You know what...and Camilla, you have seen me drive...LOL...I would delete the photos and not give any to anybody. I think they handled it badly and I would be mad. I may even use my driving word :) Just to avoid all further hassle, I say delete them all and be done with it. 

[Joanne ~ Spud*]

That was my first response --" Your driving Word"   Of course, I did not say anything out loud. I did play this video over and over and over that day though. Over and Over. It made me laugh.  

http://laughingsquid.com/fck-that-a-guided-meditation-for-the-reali...

Of course, it is not for everyone so I'll just post the link.  

I'll delete as soon as I insert Spud into the image   :)

Great advice. GREAT ADVICE

[Nicky, Riley & Boris]

Yes, I'm with Laurie, delete the lot. They really should have said something when they put the children into the picture in the first place. To throw legal lingo at you seems way over the top and frankly extremely rude. A simple message put in polite terms was all that was needed if they hadn't thought it through at the time.  It could have gone like this.

 'Hey Joanne, totally forgot that these great pics might be posted to FB and it's really something we aren't comfortable with, would you mind taking them down? Ps would love to have them so if you could just send them by PM that would be great'.

[Joanne ~ Spud*]

My images would have been so much better if I was not dodging moms with iPhones. I have a lot of arms and legs of the moms.  LOL   " Get out of my way"

Yeah, I made a mistake.  Darn, I am so sick of birds too. Humans were a very fun challenge for me. 

I will chalk one of the images up to my weekly challenge because certainly it was a lesson learned.  

[Lucy & AnnaBelle's Mom]

Like you I never really thought about this until we started having Great Nieces and Nephews.  There are two issues that come into play with them.  1)  Some of the Nieces and Nephews do not want their children's photos out there and 2) some of them are 2nd marriages with step children involved so there are angry ex wives running around.  Now I pretty much know what is ok and what isn't.  I think as a parent if I had a problem with this I would just say something up front about I would appreciate if you would e-mail me and not post on FB.  The way it was handled was completely wrong and I personally am not a real forgiving person (in some cases) and would have trouble letting this one go.  In this case I'm take them down and delete them and not give any to anyone.

[Gail and Bailey]

Could you just photo shop the children in question out of the photo and have your relatives remain in the picture?

[Becka]

Better yet, use photoshop to replace their heads with Spud's head! ;-)

[DJ & Chance]

LOL, Becka!

[F, Calla & Luca]

You an use Luca and Calla for variety.

[Joanne ~ Spud*]

Thank you, F.   So kind. 

[Linda, Charlie Brown and Beau]

Love this response Becka!  I think Spud would look great and you could repost them!

Seriously -   if this couple feels so strongly about not having their children's photos publicized, I wonder why they did not speak up immediately and ask their children to step out of the group photo.  Generally, when we take photos at gatherings it is our intention to share them, right?  Otherwise what is the point of taking them!  Joanne - I hope you did not have your feelings hurt.  IMO - this couple is weird and more than a little full of themselves!