Picture Display Rights

Who is saying they have the rights - the school or the photographer? I would think the school doesn't have rights. Our school asks for permission at the beginning of the school year about using photos with our kids in them. We have the ability to opt out. I imagine the photographer, on the other hand, retains rights as it is their creative work. My guess is that your son would never be identified yet his photos could be used for their advertising purposes, sample portfolios, etc.

If you opted out, then I would call the photographer and make sure that they have that on record. While they technically own the photo, unless you allow it, they can not use your son's likeness without your permission. If it is from the school, do the same thing. My kid's daycare had a form for permission for advertisements, and we opted out...no big deal. They take loads of pictures all the time of the kids and put them up around the center, when they are done, we get them and they put up new ones. I am okay with this, as the kids love seeing themselves, but I don't want them in public print.

Just opt out, as you did, and call the photography company.
I'm sure they have no intention of putting the photos on the internet, it's more likely that they might want to use some of the better photos on their promotional materials, such as the order form and packet you received showing examples of background colors, etc.
My sister worked in the school system for many years and helped with the kids on picture day. She also asked about "use" of photos and that's what that particular company explained to her.

Yes, it's a company issue, not the school's. You should have a right to tell them that you don't want them to use your son's picture. I'm sure you're not the only person who has ever had this question, so call the photography company.

There are always strings attached to professional photographs. Some of the strings are to protect the company from people copying the photos instead of ordering them (since they took the photograph, it is, in a certain legal sense, their property). But some companies show photos they've taken as part of their advertising. This may be what they're talking about when they say, "use and display." Give them a call, and ask all the questions you can think of!

Our school sends a consent form at the beginning of the year giving you an "opt out" option. Don't you have that?

I would call the photography agency & opt out through them as well.

I work for a school photography company. I haven't heard of this problem, but we have come across another one. If you sign the opt out or do not photograph form at the school and then send money to purchase school pictures, some schools will not let us take your childs picture even though you sent the money to purchase. Keep that in mind when you sign those forms.!!! It isn't the photographer's fault if you don't get your pictures.!!!

While the photography company does own the copyrights to the photos, keep in mind just how many they take. These companies take THOUSANDS of photos each WEEK.
Now, I don't know about all of the school photography companies. However, I work for the largest school portrait company. (And, the best of course! ;-) For the flyers, they use models. In fact, you'll see the same faces on those flyers all the time. Same with the website.
In fact, our company does not have any such disclaimers on the flyer. (My son's picture day is tomorrow, so I have it right here.) If they have a super fantastic award winning photo, it stays within the company.
There should be a phone number on the flyer. Give the company a call. Ask them what they MIGHT use the photo for, and if you can opt out.

This probably is seperate from what you've signed with the school. I'd call the school picture company and ask if this is possible. If it is, then ask for it in writing. If not, you may have to find another way to have pictures taken. Ours have been SO bad a number of times that I'm prepared to do it myself. This may be a good backup for you if the company can't/won't comply.

This makes me feel it's like taking your clothes to the cleaners, you hafta sign a waiver saying they're "not responsible" for damage to your clothes. Photographers use photos or videos for marketing purposes. I'd be flattered if my child's photo ended up in some of their advertisement, like for school photos, etc. but you do have a point as well, I probably would opt out as you did. Reading that statement did take me aback somewhat. What you can do is prob goto WalMart or JC Penny, ect to get photos made. At least you have other options rather than having the school's photographer take photos which are generally one per student & you don't have any choices if some don't turn out well. At least getting the pix taken elsewhere, you generally get more than one pose & you get to see the photos before you buy. Hope this helps, good luck!

photographers have the rights over your pictures usually so you will order prints from them and not go to a photo shop and have your own prints made. most photographers will give you a form (even santa at the mall) that releases the right to have copys made. to use and display is another thing. i would guess they were using them for there advertisements. you should ask a lawyer or even a photo copy place what this really means and how you can stop it if you really feel the need to. good luck.

They have the right to use your sons pictures because they own the copy write on those pictures. But allowing them to take the pictures, you forfit your rights in that. You can ask them not to use your sons pictures, but they do not have to respect your wishes. His picture would most likely just be used for ad or demo purposes, and his name not attached to it.

Has this happened before or is this your son's first year to get his picture done.? I would do whatever you did before or not get his picture done through the school if you are worried about this. Yes you have a right to tell them not to use his picture. He is your son!!! That may not do any good though so I would check with a lawyer even though you did the smart thing of opting out. Good luck. .