Can a photographer share photos without my permission?

Why Photographers Ask to Use Your Photos

It’s completely normal for a photographer to ask to use photographs from your session. After all, seeing their portfolio is probably what convinced you to book them in the first place. But if you have some hesitations around sharing, that’s completely understandable too.

Here are some of the main reasons photographers want to use client photos:

For their portfolio. No one is going to book a photographer with zero examples of their work. A portfolio helps demonstrate to potential clients that a photographer is good at what they do.

For marketing materials. All businesses need to advertise in one way or another. However, in this day and age, a basic portfolio of photographs just isn’t going to cut it. Social media is a huge part of running a successful business and in order to keep followers interested and to appeal to potential new clients, you need to be regularly posting lots of new and exciting content.

To enter competitions. Many photographers enter their work into competitions – whether for personal achievement, professional recognition, or to receive feedback that helps them improve their technical skills.

To share for critique. There are also more informal ways for a photographer to receive constructive criticism of their images, such as camera clubs, online forums and Facebook groups to name just a few. These are some of the best ways of improving your skills as a photographer regardless of the level you are at.

They love them! A photographer might ask to share your photographs simply because they are really proud of what they have created! I love the feeling when I’ve captured a photograph that is both beautiful and technically well done and I want to show it off! 

Your Legal Rights Around Photo Sharing

In the same way your name, date of birth and bank details are classed as personal data, so are any photographs in which you can be identified. By law, this means that any businesses handling your photographs must do so appropriately. Your photographs should never be used or published without your permission.

The General Data Protection Regulation (GDPR) has tightened up the rules on data protection, and businesses can now be heavily fined for handling personal data inappropriately.

A photographer must have consent from all people shown in the photographs (or their parents/legal guardians if they’re under 18) before they can be used for any purposes other than delivering your photos. This consent could be obtained through a Model Release form, which details how the photographs might be used, stored, and where they could be shared. It might also be covered in your contract with the photographer, or you can give written or verbal consent.

Important to know: Even if you give consent initially, you have the right to withdraw that consent at any time. However, if your photographer offered you free or discounted photos in exchange for using them, you may be liable for the full price of the photographs and any associated costs. Make sure you check this before signing anything.

What to Do if Photos Are Shared Without Permission

If a photographer uses your photos without your consent, you should contact them first and ask them to remove them from public view. If they continue to use photographs of you without your permission, you can make a complaint through the Information Commissioner’s Office.

What happens at Moments by Katie Mitchell Photography

I always ask clients for consent before sharing their photos – and there’s never any pressure either way. For those who are happy to share, I’ll often offer a same-day sneak peek of their photos or experience on social media. Many clients are delighted to share, while some prefer to wait until they’ve seen all their photographs before deciding. Others have very clear reasons why their photos can’t appear in the public domain – and that’s absolutely respected.

My aim is to make sure clients are 100% happy with their experience, which means your privacy preferences always come first.

I hope this has been useful. If you’ve got any questions, feel free to get in touch.