Legal Question in Personal Injury in Washington

photo on internet no consent

Hi my aunt is a ''Photographer'' she offered to come to washington state to take pictures of my newborn baby. she didnt charge me a sitting fee. but she just said i had to buy them from her. i placed my order but prior to that i told her i didnt want my children on her website. so now she ismaking me sign a release before she gives me my order. i told her o didnt agree with the part that states she could have my children on her page so i wouldnt sign it, so she is refusing to give me my order. what can i do? she lives in arizona and has her business license over there?


Asked on 2/08/09, 4:56 pm

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: photo on internet no consent

Well, I know you are looking for legal advice but not every issue is a legal issue. Consider just ordering photos from a different photographer.

At your service,

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Answered on 2/08/09, 5:09 pm
Amir John Showrai The Pacific Law Firm, PLLC

Re: photo on internet no consent

Forgetting for a moment that this appears to be more of a family fight than a legal one (I agree with Mr. White), here is what I'd say. If you don't sign the release and do not pay your aunt, then just go to another photographer. If your aunt uses the photos without permission, you may be able to sue her for doing so, however, (and take it from me) even if you win, your damages would probably amount to $1. $1 is what the court awards when they tell you that you are technically correct but you really suffered no real harm.

If you have paid your aunt anything to date, she may be able to keep those funds based upon the labor she performed to take the photos . . . but that is another issue that you have not asked about. Additionally, since she is in Arizona and you are in Washington, jurisdiction is another issue that has to be decided.

I think Washington courts have jurisdiction given that she came here to take the photos.

At the end of the day, this question is far more academic than practical. Your dispute is real, the problem is that the relief available to you from a court is next to nothing. I'd say work it out with your aunt. That relationship is worth way more than any amount of money.

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Answered on 2/08/09, 9:03 pm


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