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to want pics of my baby off a third party business page

(192 Posts)
LadyGranulomaFortesque Fri 10-May-13 13:35:02

We attended a 1st birthday party last year and unbeknownst to me, one of the people there was in the process of setting up a photography business. I had no idea she was even taking pictures but a friend has just messaged me to say there are a few pics of my then six month old baby being used as promotion on her business Facebook page.

I am fuming - she didn't even ask even though she is a friend of a friend. I keep all of my pictures private and apart from a little cameo of me and my son together in my profile pic, there are NO pictures of him on Facebook and even pics of me are mostly private (I am weird like that).

I realise she took the pictures (covertly as today is the first time i have seen them) and I have sent her a polite message to take them down. Anyone have any idea where I stand legally if she refuses. I am so not happy about my little man being used as advertising for someone else's business. I feel like our privacy has been violated when I am normally so careful.

Wiggysgirl Fri 10-May-13 14:38:20

YADNBU I think you should also point out to her that it's a very silly thing to do. What if your DS was adopted and she has put his picture and name up?

Tell her you want it sorted now. Holiday or not she has and can easily get access to the internet and can log on to her pininterest and facebook and take them down.

Personally I would be fuming.

MrsDeVere Fri 10-May-13 14:39:14

You can report the images to FB because they are of a minor and she does not have your permission.
She sounds utterly unprofessional.

I would be absolutely fuming and I am quite free with photos of my DCs on my facebook.

LadyGranulomaFortesque Fri 10-May-13 14:41:11

For me the problems are:
1 - We didn't know the pictures were taken
2 - We weren't asked permission for them to be used
3 - Someone is commercially profiting from images of my baby
4 - We are private people and we keep all of our photographs private - I am not one of these people that plasters pics of myself and my kids everywhere, so it is important to us that others don't either
5 - My son is a person in his own right, not just a six month baby, and he and us, as parents, should have a right to not have his face plastered all over the internet. Again, some don't mind. We do.

BearWithBearWith Fri 10-May-13 14:42:49

Would sending her a link to this thread be any good?

Perhaps give her an idea that generally some people think this is not on. Also perhaps knock some sense into her that it may have a detrimental effect to her new business. Although if she's lax on this what else is she lax/opportunist about?

YANBU. Perhaps reply that as she's away, you are happy for the pictures to be taken down within 24 hours of now rather than within the next couple of hours.

Even if she claims not to have access while away, she can certainly arrange for someone at home to get it sorted within that time-frame. Posting the photos is bad enough, but to add names as well is really unacceptable. In some cases there are reasons beyond general personal privacy inclinations (child protection/adoption/foster etc), which is why permission should be sought before making photos and names public.

Itchywoolyjumper Fri 10-May-13 14:46:44

Oh OP, this is horrible for you, I'd hate this too.
If I were you I'd get back in touch with her and ask that she removes the photos as soon as possible. She's causing you distress and the fact that she's on holiday should be neither here nor there, she really should get them off her sites.
If this doesn't get a result I would then start leaving comments on her pages.
I wouldn't want to use a photographer who'd behaved like this.

she really cant do this! if she doesnt take them down then you need to seek legal advice.

i would suggest getting written confirmation from her that she will not use your dc in any type of advertisement or on the internet.

what happens if she did this with children/people that cant have their identity revealed? there are so many things to think about when using pictures of other people.

she needs to know that she cant do this

Fluffypinkcoat Fri 10-May-13 14:50:30

Like Mrs said, you can report every picture to Facebook as being of a minor and they will take them down. This photographer sounds very unprofessional and I would be so angry in your situation.

LadyInDisguise Fri 10-May-13 14:53:31

She has no right at all to leave these pictures on the net (or any other promotional material). That's the reason why you sign a form at school for example to say you are happy for a photo of your child to be used on the website/newsletter etc... You don't have to justify why you don't want these pics to be on the ineternet.

On hols on not, I think she HAS to do something about it and I wouldn't give her the opportunity to wait and see.
In particular as she has associated the name of your child with the photo too!!

Maybe, also tell her you WILL post this information on Facebook, leave comments etc... as to how she is using your son image wo consent. See if she likes the effect it will have on her business.
In the mean time, contact the ASA. She will be asked to remove the photos.

Post the request to have the picture taken down directly on the FB page and the Pintrest page, stating simply the facts that you are his mother and that neither you nor his father gave permission for the picture to be taken, nor for it and his name to be used. smile

Chocoflump Fri 10-May-13 14:53:48

Definitely reply to her saying this cannot wait until she gets home from holiday and if they they are not removed from Facebook AND Pinterest and wherever else she has them you will be seeking legal advice.

Make screenshots of everything you see.

Review her photography business on Qype....

i would also ask her where else she has posted them... just to make sure she does get take them down

She is portraying you as a client, and using the photos as testimonials to a job well done. I would be furious.

propertyNIGHTmareBEFOREXMAS Fri 10-May-13 14:57:23

Yanbu. Completely out of order and to use his name too, that is the height of thoughtless stupidity. If you were estranged from his father then the area of the country you live in would now be traceable due to this woman and her advertising.

hiddenhome Fri 10-May-13 14:57:51

She sounds stupid and amateurish tbh. I'd be livid if anyone did this to my dcs. I hope you manage to put a stop to this, it sounds like you will be able to though.

AitchTwoOhOneTwo Fri 10-May-13 15:00:21

she's done an odd thing, yes, but fgs give her a chance to respond before trashing a new business...

Can you email her the page www.asa.org.uk/Consumers/Parents-Page.aspx ?

Sallyingforth Fri 10-May-13 15:04:48

Just to add...
there are NO pictures of him on Facebook and even pics of me are mostly private (I am weird like that)

You are not weird for keeping your pictures private. It's entirely reasonable - not everyone wants their image splashed across the web.

BearWithBearWith Fri 10-May-13 15:04:54

It's more than 'an odd thing' though. This unprofessional action could have serious consequences if the child were adopted, fostered or estranged. And I mean SERIOUS life consequences. If she wants to be a photographer she should know the legalities before setting out.

Itchywoolyjumper Fri 10-May-13 15:06:02

AitchTwo, she has given her a chance to respond - the OP was brushed off by the photographer who said she'd was on holiday and would get back to her properly later.

I would be leaving comments on her Fb and Pinterest pages until the images are removed tbh. Even if she only has mobile web access she can still remove them while on holiday.

I have allowed a photographer to use photos she had taken of ds for promotional purposes, but she asked us first and we also knew she was taking the photos in the first place. If she hadn't and just used them I would have been fuming.

ASA complaints page and the do cover promo material on FB etc. you can submit online too.

Good luck op, I hope you get them taken down and an apology from the photographer. She needs to learn the rules of her industry.

YoniMitchell Fri 10-May-13 15:07:50

That's really unprofessional of her and is compounded by her response. I agree that YANBU and think you ought to reply, giving her 24 hours to take down every photo of your child.

It sounds like she's pretty clueless about what she can and can't do - she'll need to wise-up pretty sharpish if she's to see her business grow.

NotSoNervous Fri 10-May-13 15:08:14

YANBU I would be furious. I would report her to FB and if be tempted to make an appointment to get some legal advice. I'm like you that I don't put pics of my DD on the Internet they are private and no one else has the right too either

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