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Can this women use this photo without permission?

There is this women using a photo of my family friends daughter on her book cover without their permission can she do that?

I am not sure if she took the photo but either way the child is 6 in the photo and is selling this book to people and it has a little girls face on it who is a friends daughter! The book is full of hate speech aswell and the mom does not want her daughter on the cover it was just a candid shot at a pageant.

Update:

She doesn't have permission to use the photo from the childs parent's anyways,isn't there a law to protect kids from stuff like this? I mean how would you like it if someone took a photo of your child and then without your permission put it on a book that was filled with hate speech.

Update 2:

There was no model release as it was just a candid photo taken at a pageant,it wasn't professional it was just a picture of her backstage

6 Answers

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  • Andy W
    Lv 7
    8 years ago
    Favorite Answer

    How do you know she does not have permission.

    You obviously don't know who took the picture and therefore have no idea whether she has permission to use it or not.

    She does NOT need permission from the child or parents (unless they are the copyright holder of the image).

  • joedlh
    Lv 7
    8 years ago

    The missing element here is the photographer. If the parents signed a model release for the photographer, it may have given the photographer unlimited rights to use the child's picture, including commercially. If the photographer then sold a license to the author for use of the photo, she then had legal permission and there's nothing the parents can do. If they didn't sign a model release, then the book's publisher is violating the law by using somebody's visage without permission and an agreement for proper remuneration. It's not technically a copyright issue because the photographer as owner of the copyright may have given permission. But for commercial use they also need a model release. So contact the publisher (not the author -- unless the book is self-published). Ask to see proof of permission. If they stonewall you or fail to produce it, contact an attorney and sue everybody.

  • 8 years ago

    Regardless of who took the photo, she may not use this image, especially of a minor, on a product such as a book. I smell a very successful law suit here!

  • Anonymous
    8 years ago

    The publisher needs photographer's permission; if she didn't take it, it can't be published

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  • 8 years ago

    I would consult a lawyer but if it is being used commercially I would say that is copy right violation.

  • Anonymous
    8 years ago

    you should take permission.

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