My mother has been diagnosed with moderate Alzheimer's and has several other health related issues. A new website from the nursing home in Ohio features her more than any other resident. The home has tried to evict her three times without success. I know she would never have consented to be pictured if she understood the eviction attempts. I was never contacted regarding her appearance, and I know if she were told she was being removed it would be very hurtful to her. The website is designed to market the home, are there steps I can take against the home without my mother being impacted. I chose Elder Law as the topic, but I also consider this either fraud or elder abuse.
My opinion is that informed consent should be mandatory for this kind of exposure. Since your mother's diagnosis is Alzheimer's, only her representative should be able to give consent. Please let us know how this goes.
Carol
One other problem will be that if mom is cute (& photogenic) is that the image will be sold for stock. Like the images on this site are probably stock images purchased for a set usage fee. Images of attractive elderly is very much a commodity. For photographers selling images for stock is done routinely and files downloaded to the list serves they belong to (like shutter stock, Getty). In theory there should be a model release on file for the person before images sold if the shot was done on private property (& property release too). This is why it's important that notifications be sent out.
Another issue is that if the image is on a website, is that anyone clever can lasso the image and use it. Cute mom in pretty robe can be in an ad in another state. You have to become Nancy Drew to shut this down.
But seriously. You might not be able to confiscate all the materials already printed, but you could prevent further "use" of those images. It would be up to you to be the watchdog however, for any further use.....
Let's extend this further.... could our friends, co-workers, and relatives sue us for using their photos on Facebook if we didn't get permission, or we sue them? I realize these photos aren't being used for *profit* in most cases.
I know in the business world, if someone took my photo and used it where it would damage my career, I could sue for loss business, but that would be tough to prove, unless I had cancelled contracts due to said assumption of the photo.
Every time we are in the outside world, doing our routine shopping or even visiting sights, someone somewhere has taken our photo with their cellphone or iPhone. Just food for thought.
Noor75 - what happened to you is beyond the pale. Really follow up on this. home instead is franchised, I think, so there are deeper pockets to go after. Whatever you send, do it certified mail.
You know most contracts have a fair use statement in them. Like our sons school has fair use in the admissions contract. Most programs that get federal funding require some sort of notification of fair use. 1 of our sons h.s. classes has a dept of navy grant, so teacher sent a blanket email to all parents that images taken this school year were allowed unless parents responded back not to allow. Both of my moms NH & her IL had a fair use statement within the multi page contract. You can strike through this part too. Now make sure you get a copy of all the paperwork!
See All Answers