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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Does someone who commissioned me to photograph their family

Customer Question

Does someone who commissioned me to photograph their family have a RIGHT to purchase those images?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did the customer sign a contract or anything with you please?

JACUSTOMER-6bl2ck7b- :

No, they came in with a free offer voucher that I had sent out. The usual style of wording stating that it was a voucher for a free photo session and included a 7x5" framed image with the option to purchase more images. Nothing else.

I had seen somewhere (not sure where) a case where a woman wanted images within 6 years of the creation because her husband had died in year 5, went back to the photographer and as he had deleted the images, he was sued under tort law for having removed the images and that tort law had a 6 year expiry. It might have been under conversion because there was some argument that she had the "right to purchase" as in effect she commissioned the images.

Of course this might all be old stuff and no longer relevant.. your help much appreciated.

Alex Watts :

Well you only have a duty to hold them for a reasonable time under the Data Protection Act. What is reasonable is a matter for a Court to decide.

Alex Watts :

But there is no general right. You own the images and they always remain yours.

Alex Watts :

The customer can purchase, but generally there is no right to it unless a contract states otherwise

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-6bl2ck7b- :

Nope, happy with that, thank you!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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