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?


Asked on 3/24/06, 10:58 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

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

[email protected]

PS - Please remember me for all your legal needs. RJT

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Answered on 3/24/06, 11:46 am


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