# My Amateur Photos Being Used for a Business: Do I Have a Right to Demand They Stop?



## 4D1H (Oct 31, 2012)

I am an amateur photographer and I took many shots, on various occasions, of a friend/business partner for her small business. She ended up using a few of the photos for marketing materials - both printed (business cards, pamphlets, ads) and digital (business website, blogs, ads). She did not pay me for the photos - and I did not ask for money, it was a favor. However, we are no longer friends or business partners and I want to ask that she no longer use the photos. 

I did not protect the photos in any formal way nor did I ever give her oral or written permission to use them (she never asked). *My question is - do I have a legal right to demand that she stop using any and all photos that I took*? If so, is there a cease and desist letter template that I can use (most say copyright infringement,  but mine are not copy write).

Thank you.


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## Mully (Oct 31, 2012)

Have a lawyer send the letter .... it will carry more weight.  If you do it she might just shrug it off, sue me.


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## soundwavephoto (Oct 31, 2012)

I have used "Business in a Box" for legal things like that.  It's a program that has legal templates for things like you are mentioning.  If I can remember right it costs $100-$150 but imho well worth the investment.  Good luck. Sounds like a sticky situation


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## 4D1H (Oct 31, 2012)

Thanks for the advice. I am just wondering if I have a "legal leg" to stand on since the photos were not formally protected.


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## MLeeK (Oct 31, 2012)

Honestly? It sounds like a temper tantrum on your part. I understand it and how you feel, however if you are planning on working in any professional capacity you are best off to let it go. You did the favor for a friend with the purpose of her using them as her marketing materials. 
My advice is to be the bigger person and don't get into a pissing match. If she's as mad at you as you are at her she'll have the images re-shot anyway. Bad blood is a sure way to kill a business-even if you do nothing wrong. 
Kill 'em with kindness. 

If you gave her a pair of used jeans are you going to go take them back now? 
If you watched her kids for an hour then, are you now going to demand payment seeing how you aren't friends?
See where I am going here?


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## SCraig (Oct 31, 2012)

The first question a judge is going to ask is, "Why did you wait so long?  Why did you not insist that they discontinue use immediately after seeing them being used?"  When you say that it's because you don't want to be her friend any longer don't you think that's going to sound a bit petulant?

Just let it go.  It isn't worth it.

Edit ... Sorry, MLeeK.  I was editing my response when you posted yours.


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## Tamgerine (Oct 31, 2012)

Here is what I'm wondering. If you never gave her oral or written permission to use the photos, what did you think they were for when you arranged the shoot? She just wanted some photos to....have some photos and not use them?


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## MLeeK (Oct 31, 2012)

SCraig said:


> The first question a judge is going to ask is, "Why did you wait so long?  Why did you not insist that they discontinue use immediately after seeing them being used?"  When you say that it's because you don't want to be her friend any longer don't you think that's going to sound a bit petulant?
> 
> Just let it go.  It isn't worth it.
> 
> Edit ... Sorry, MLeeK.  I was editing my response when you posted yours.



OOOOO! I got to be the ninja today!


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## SCraig (Oct 31, 2012)

MLeeK said:


> OOOOO! I got to be the ninja today!


Damn trick-or-treat kids!  If I hadn't had to go to the door I would have won!


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## MLeeK (Oct 31, 2012)

SCraig said:


> MLeeK said:
> 
> 
> > OOOOO! I got to be the ninja today!
> ...



:violin: I win I win I win!


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## tirediron (Oct 31, 2012)

MLeeK said:


> SCraig said:
> 
> 
> > MLeeK said:
> ...


Ya know... I could just edit your posts and make me the winner!


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## CCericola (Oct 31, 2012)

Don't mess with ninjas...they bite.


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## MLeeK (Oct 31, 2012)

tirediron said:


> MLeeK said:
> 
> 
> > SCraig said:
> ...



That would be abuse of your authority and the ninja police would have to come get you.


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## andywag (Nov 1, 2012)

4D1H said:


> I am an amateur photographer and I took many shots, on various occasions, of a friend/business partner for her small business. .



hang about a mo.

You say the above and then go on to say you did not give permission for her to use them
?
You are contradicting yourself a tad. You either took them for "her business" or you didn't. If you did and that was the agreement (verbal, written or implied) then she can use them.

Looks to me that you have had a falling out and are in the process of chucking your toys out of the pram,

Forget it and move on.


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## manaheim (Nov 1, 2012)

"friend"

"business partner"

If you'd like to keep those two things as a going concern I would advise not suing anyone.

If you're concerned about what is done with your images then have people sign agreements, even $0 agreements.  I do this for all my friends.  It's like 7 pages of legal mumbo jumbo with a big "FEE: $0.00" on the top of it.

BTW, as a policy, I never charge friends or family.  Sometimes, if they insist, I'll accept a tank of gas to get to/from where I'm going or lunch while I'm there.  Other than that? No way.


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## KmH (Nov 1, 2012)

4D1H said:


> I did not protect the photos in any formal way nor did I ever give her oral or written permission to use them (she never asked). *My question is - do I have a legal right to demand that she stop using any and all photos that I took*? If so, is there a cease and desist letter template that I can use (most say copyright infringement,  but mine are not copy write).
> 
> Thank you.


Because of the time interval, and the fact you knew she was using the images but did not complain previously, you provided her an implied contract.

You do have a legal right to now demand she stop using the images, but you have little, if any legal traction for doing so. What if she just ignores you?

If it has been more than 3 months since you discovered she was using the images, and now register your copyrights with the US copyright office, you could only sue for actual damages.
Filing the federal suit would require an investment of about $5000, while an actual damage award would likely be a few hundred dollars at best.


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## orljustin (Nov 1, 2012)

4D1H said:


> I am an amateur photographer and I took many shots, on various occasions, of a friend/business partner for her small business. She ended up using a few of the photos for marketing materials - both printed (business cards, pamphlets, ads) and digital (business website, blogs, ads). She did not pay me for the photos - and I did not ask for money, it was a favor. However, we are no longer friends or business partners and I want to ask that she no longer use the photos.
> 
> I did not protect the photos in any formal way nor did I ever give her oral or written permission to use them (she never asked). *My question is - do I have a legal right to demand that she stop using any and all photos that I took*? If so, is there a cease and desist letter template that I can use (most say copyright infringement,  but mine are not copy write).



You're just trying to be a PITA.  You took them "for" her - ie., the intent at the time was that you were providing images she could use for her/your business.  Now you broke up, and you want your toys back.  Sorry, I say leave it alone and move on.


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## Tony S (Nov 1, 2012)

> *I am an amateur photographer *
> 
> I took many shots, on various occasions, of a friend/business partner* for her small business*.
> 
> She did not pay me for the photos - and I did not ask for money,* it was a favor.*



The important parts are bolded and underlined.......... get over it and go on with life, it's not worth the time or effort to go on with it.


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## 2WheelPhoto (Nov 1, 2012)

4D1H said:


> I am an amateur photographer and I took many shots, on various occasions, of a friend/business partner for her small business. She ended up using a few of the photos for marketing materials - both printed (business cards, pamphlets, ads) and digital (business website, blogs, ads). She did not pay me for the photos - and I did not ask for money, it was a favor. However, we are no longer friends or business partners and I want to ask that she no longer use the photos.
> 
> I did not protect the photos in any formal way nor did I ever give her oral or written permission to use them (she never asked). *My question is - do I have a legal right to demand that she stop using any and all photos that I took*? If so, is there a cease and desist letter template that I can use (most say copyright infringement,  but mine are not copy write).
> 
> Thank you.



Don't do as some may do


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## 4D1H (Nov 2, 2012)

Thanks to all for replies (not sure what the ninja tangent was about though . Anyway, you all may be right in that I should "let it go". The main reason I want the photos pulled is because I simply to do not want to be associated with her in any way (because of questionable business practices and her new affiliation with a group I do not want to be connected to), not because I am trying to get back at her in any way - NOT who I am. To answer one of the questions - I did not take the photos with the expectation that they would be used for her business. They were more or less taken for fun and with the intention of her personal photo album - and these are recent photos, not something that I took a long time ago. Thanks to those with constructive, friendly advice.


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## MLeeK (Nov 2, 2012)

4D1H said:


> Thanks to all for replies (not sure what the ninja tangent was about though . Anyway, you all may be right in that I should "let it go". The main reason I want the photos pulled is because I simply to do not want to be associated with her in any way (because of questionable business practices and her new affiliation with a group I do not want to be connected to), not because I am trying to get back at her in any way - NOT who I am. To answer one of the questions - I did not take the photos with the expectation that they would be used for her business. They were more or less taken for fun and with the intention of her personal photo album - and these are recent photos, not something that I took a long time ago. Thanks to those with constructive, friendly advice.



Don't worry about it so  much. You provided a service and product for  her. Think about the grocery store. Every drug dealer in the world has to buy groceries once in a while, but that doesn't reflect upon the store for selling to THAT clientele. 
You provided her a service and a product. In business it obviously would be paid for... Regardless you just provide a service to a client. Who that client is in the world has no bearing on you. 

The ninja thing-when someone posts something while another is typing essentially the same thing we say we've been "ninja'd" by the other person. They sneek in a second before you get your response posted.


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