Legal Question in Legal Ethics in Illinois

I am a photography student (in Illinois). I have a portfolio website and in this website I have a "Portrait" section where I have various portraits. A good deal of the portraits are of a former/roommate friend in the apartment that we shared. Recently, due to a rift in the relationship she has demanded that I take the pictures of her off of my site. Unfortunately at the time I didn't think to get a model release.

I don't want to take the images down because I am a project-based fine art photographer. My projects use natural lighting, and the photos in my portrait section display a different kind of photography (such as using studio lighting) that I think make me appear as a more versatile photographer. The typical visitor is my family and friends that want to check out what I'm doing away at college.

My current relationship with photography is as a student. I am not a commercial photographer, nor do I ever plan on becoming one. I am going to graduate school this year so I can teach photography. Additionally, those photos are not for sale, nor have been used promotionally in any way.


Asked on 4/14/10, 9:01 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

You seem to be arguing two different things here. First you say the "typical visitor" is family and friends. If the "typical visitor" is family and friends, they will not care about some pictures you remove that they have already seen. They are checking out what you are doing away at college, right? Then you say the images are important because they showcase what a versatile photographer you are. Your family and friends checking out what you are doing away at college do not care how versatile you are. The only reason you would need to do this is is to promote yourself commercially. However, you then say the images have not been used promotionally.

I would recommend removing the images, and then demonstrate your versatility by taking new images. Obviously, telling you that you need to get a model release from your new subject should not be necessary.

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Answered on 4/20/10, 7:03 am


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