I guess if it was posted on IG or Facebook then there's not much you can do, these sites usually make you sign off your picture rights by accepting their Terms. For next time you could let the involved people know that you dont want any brand tags on the social posts.
this post was submitted on 13 Nov 2023
1 points (100.0% liked)
Photography
1 readers
1 users here now
A place to politely discuss the tools, technique and culture of photography.
This is not a good place to simply share cool photos/videos or promote your own work and projects, but rather a place to discuss photography as an art and post things that would be of interest to other photographers.
founded 11 months ago
MODERATORS
these sites usually make you sign off your picture rights by accepting their Terms
That's not how it works. You agree to let Instagram/Facebook use your images but that doesn't mean any one can use them.
I did TFP with a model and found out that they tagged UO who used my photo.
is this ethical?
A lot depends on the TFP agreement. Maybe you signed certain license rights.
Generally, UO would be responsible for getting use consent from the copyright holder, which is usually the photographer, but your TFP agreement could change who has rights, etc.
Can registering copyright stop them from using my photo?
Assuming that you're in the USA, copyright registration can give additional recovery options, but it's not required.
how do I proceed with this?
I'd start by reviewing the agreement you had with the model, which should hopefully be in writing. Then reach out to the model. Only after that would I consider reaching out to UO.
Did UO uses your photo in an adversting campaign direclty. I.E print adds, store displays, banner adds etc...?
Or did UO's social media account feature photos posted by others as examples of their community social and call out that model's account or repost that photo on social media with a link back to the models profile?
In the first case I think you have a strong argument for a case and you should talk to a copyright lawyer about your option.
In the 2nd scenario it's likely to be a lot more vague, again a copyright lawyer about your options.
I am assuming you TFP allowed the model to post to social media. Many social media companies basically require that if you upload the photo they can display it on the site. Someone else reposting a photo under a different account on the same site(s) is a very grey area.
Really long story,cut very short. Get a lawyer, a good one, have a consultation, if they find you may have a case, hire them, go to court, spend a lot of money, spend weeks, months in litigation. Finally win your case, have the other party pay all your legal expenses and extras, plus the final award amount. And give them a big kick in the arse, and watch them try it again with someone else, with less money who can't get a proper lawyer.