Legal Question in Consumer Law in Pennsylvania
School Photos
My daughter's school participates in a Spring Photo program. All children are photographed by a pro and a package of photo merchandise created, parents are asked to buy or return the photos, photographer claims copyright. My questions are do I have to pay for or return a photo package taken without my permission? Can a photographer claim copyright for an image of my child taken without my consent?
1 Answer from Attorneys
Re: School Photos
I call this a scam. But it's one that has been going on for years and has earned some measure of respectability.
There is no question that the photographer has a copyright in the images. You may not otherwise use, copy or publish the images. Nor may s/he without your further consent.
You do not need to return whatever was provided. Unless there is a contract between you and the photographer. The package you recieved should be yours to keep. The child cannot enter a contract and you don't seem to have requested the package or agreed to anything.
I love getting in these types of disagreements and most people don't have the resolve that I do. But personally, and only on my own account, I would not return those images just to make a point. What you do should be governed by your own code though I do believe the law is on your side (though I won't swear to that as I simply can't do the reaserch for an Internet question).
Good luck, have fun, contact me if you need help.
Regards,
Roger Traversa
PS - Please remember me for all your legal needs. RJT