Rights as a subject question

[Saari]

A quick question I have been trying to find an ansswer to, hoping you guys could help. I have found many resources on the rights of photographers, but what about the rights of the subject.

here is the specific incident I am involved in:


On 4th of July a family I am (was) friends with takes a picture with me and my family, its their camera, and they took the picture. They post the picture up on myspace, as it is a picture of both of our familes (actually its more of mine, 4 or 5 of my family members and 2 of theirs) I put the picture up on my own myspace. Well there was a big falling out between the families and now out of spite they are demanding I take the photo of MY FAMILY down, even with them edited out. Are they within their rights to ask this, or am I within mine to keep it up. I woul really appreciate anybody more knowledable on the subject to pitch in, any offical documents or resources you could point me in the direction in would help greatly, thanks!

[fx101]

Technically, it's their image. The thing is, they would have to prove that they took the image. If they can do this, then they have the right to ask you to take it down. Practically speaking, you can keep it up there since the case would be quickly thrown out by any competent judge. You could also look into the rights of models in your state and claim that your use falls under "fair usage" terms.

[mjs1973]

You didn't say if they had originally given you permission to use the photo or not. If not, then you basically stole the image.

It doesn't matter who is in the photo or that you cropped them out of it. They took the photo, they own the rights to it. They have every right to ask you to take it down and if they were inclined, could take you to court over it. That being said, it is highly unlikely that any lawyer would touch this case if the owners of the photo don't have the image registered with the Copyright office. But then again, you never know what could happen.

I would suggest you take the photo down based on the info you have given us.

[Loupey]

That's one valuable image. It cost you a friendship and a headache.

Life's too short. Take another image yourself of your own family.