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AIBU?

someone else using my child's photo

22 replies

iwillnevereatspaghetti · 04/10/2016 19:59

Ds has a visible disability and we're members of a number of facebook groups. A member has just started commenting in the group, but her profile photo is a picture of my son (taken from a newspaper article about his disability) - it then turns out there's a hospital in the US also using his photo to promote their services. We've named and shamed the facebook user and reported her. what can i do about the photo ?

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originalmavis · 04/10/2016 20:01

Have you contacted the hospital?

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CaspoFungin · 04/10/2016 20:03

Oh my god that's awful! She must have not realised it was your son when she joined. Yes, contact the hospital!

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mysistersimone · 04/10/2016 20:06

I can't help but that would make me fume! Surely if a hospital is using your son's image to make money (as American hospitals do) then they're breaking some kind of rule.

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iwillnevereatspaghetti · 04/10/2016 20:06

yes contacted the hospital and reported the facebook user and we're now chasing her down in every group she's joined and shaming.

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ChasedByBees · 04/10/2016 20:08

Is she saying that your son is her son? Some people use fake images for attention (it may be called catfishing I think?)

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iwillnevereatspaghetti · 04/10/2016 20:16

no, but it's her profile photo

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Dixiechickonhols · 04/10/2016 20:20

How horrible. My dd has a physical disability and I use a Facebook group and the thought of someone doing this is awful. Can you contact all similar groups inc usa groups and make them aware in case she tries same with them. Is she trying to get money from people if so I'd be tempted to contact the police as potentially she is trying to defraud people. Groups are such a source of support it is frightening that there are people out there like this.

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iwillnevereatspaghetti · 04/10/2016 20:32

It was actually someone else in the group that noticed. All our groups are international and they're posting links to other groups where "she"'s appeared. They think it's a version of trolling

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Sugarcoma · 04/10/2016 20:37

If you have a Google there are ways of taking it down from websites and Facebook based on copyright infringement. If you didn't take the pic but could contact the photographer and get them to assign the copyright to you for a nominal sum (e.g. 1 pound) that would massively help you too.

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Sugarcoma · 04/10/2016 20:37

(Obviously explain to the photog the situation otherwise they may not be keen to assign copyright for a low sum)

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gammatron · 04/10/2016 20:42

I'm assuming you've done a 'reverse image search', if not then you should to see where else it's been used.

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gammatron · 04/10/2016 20:42

I'm assuming you've done a 'reverse image search', if not then you should to see where else it's been used.

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disneyprincesswannabe · 04/10/2016 20:45

Hmm it's a tough one as I'm sure when the photo was taken for the newspaper you would've signed a disclaimer basically handing over the rights of it to the photographer so if he/she chose to sell it to the us hospital unfortunately not a lot can be done. Not nice though

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Witchend · 04/10/2016 20:46

Was she using it a fb profile photo as she thought it was a nice "bank" photo or was she using it to try and gain the trust of the group?
One of mine has a physics disability and people known as "devotees" do the latter, and so I always check thoroughly anyone I don't recognise who claims they/their child has the same.

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iwillnevereatspaghetti · 04/10/2016 20:47

yes we've done that search - i don't mind if it's furthering research or parental understanding, but some weirdo
thanks y'all i've learned a new word "catfishing"

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justilou · 05/10/2016 02:08

That's horrible! I would hate knowing that others were using photos of my child (whether able-bodied or not) for their own purposes

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HeartsTrumpDiamonds · 05/10/2016 02:29

What a horrible thing.

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FayKorgasm · 05/10/2016 07:10

There are people out there who pretend to have a disability or illness and join Facebook groups for them. I don't know what its called but my DBro has a child with a condition and their FB group has had lots of them.

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SpongeCakeBigPants · 05/10/2016 07:20

I would be booking an appointment with a solicitor asap. If the American hospital is illegally using your sons photo for advertising then there is a case for them to answer and you could be due compensation. The solicitor will also quickly stop them from using the photo.

As for the woman, it seems you are found all the right things. Keep reporting to Facebook until they remove her profile.

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LadyConstanceDeCoverlet · 05/10/2016 07:41

I wouldn't have that much faith in the power of an English solicitor to stop an American business doing something, to be honest - or at least not without you spending a LOT of money.

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AnchorDownDeepBreath · 05/10/2016 07:44

Who took the photo?

They hold the copyright, and they'd be the person who needed to send the DCMA
notice to the hospital. They'd also be the person who'd need to report to Facebook as someone misusing their property.

Did you sell the rights to the photo? It's quite possible if you did that the photographer sold the photo to the hospital.

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JustWantToBeDorisAgain · 05/10/2016 17:49

I belong to a group for parents of the condition my daughter has. We have had quite a few posters join with fake photos who then proceed to troll the group ( very sick) profile pictures are normally fake images ( like yours has been) and there are ever extreme sob stories.

Good luck in getting Facebook to respond they are usually rubbish at closing down fake profiles ( in my experience) have you spoken to the group admin and got him/her removed and blocked?

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