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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have photos of our now grown up children as children. One

Resolved Question:

I have photos of our now grown up children as children. One child wants to use the photos of the second child (of him as a child) in a film. The second child want nothing to do with it.
I took the photos so probably have the copyright. But can child b refuse? I am fed up with both.
Please help
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
I don't blame you! Who took the photographs?
Expert:  Jo C. replied 10 months ago.
Sorry, I've just realised you are in Scotland.i will move this for you.
Customer: replied 10 months ago.
I took the photos and we are in England?
Customer: replied 10 months ago.
I mean we are in England and photos taken in england
Customer: replied 10 months ago.
Are we still in contact?
Expert:  Jo C. replied 10 months ago.
I thought your post above said you were in Scotland?
Customer: replied 10 months ago.
No if I did sorry, def England
Customer: replied 10 months ago.
Thank you
Expert:  Ben Jones replied 10 months ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. As you took the photos you indeed own the copyright. However, there would be a further issue with the fact that individuals are in these photos, which means that they could have additional rights under data protection regulations. There is no explicit right to privacy in the UK, so if they are identifiable from the photos they could try and argue that this amounts to personal data about them and such data should not be used for any other purposes than for which they were taken. In this case they could try and argue that these were for personal use, not for public use such as being used in a film. In these circumstances you would require the person’s consent so if they withhold their consent the photo should not be used. However, you also have to think whether they can do anything about it. Breach of data protection only gives someone the right to claim if they have suffered any losses as a result and being featured in a film is unlikely to cause actual losses so he may have his rights breached but the chances of him being able to legally challenge it would be minimal. So you have to reach a compromise one way or another. The safer option would be to state that the photos cannot be used as his consent has not been obtained, on the other hand allowing their use will unlikely result in any legal issues. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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