kids photos used without permission

[autumnbeckons]

I have posted about my BIL before under a different name but to cut a long story short - we have a very poor relationship.

He has been insulting to me in the past and has had no problem flinging sexist and racist results my way. I have went NC with him and my dh has sporadic contact with him but they are in no way close.

earlier this summer BIL organised a family photo shoot for all the kids - 7 cousins in total. this was to be a way to have lovely photos for all the siblings of thie kids and nephews / nieces. we were all to chip in and pay for a professional photographer. our kids were included in the invite and whilst I don't get on with him, I was happy enough for them to go with dp but I didn't go or take part. they spent 3 hours on a beach with a professional photographer to capture them playing, running about etc.
kids had a grand time so all good.

we got copies of the proofs and said which ones we liked and wanted prints of. to be honest, I though the photos were ok but a lot like holiday snaps. we picked one and paid for it. we did ask that no photos of our girls be shared on anyone's social media as we don't do this ourselves.

It now appears that the photos are being used to promote BIL's business. He has used them on his website, promotional materials / adverts and extensively on social media.
He did not ask permission for this nor did we agree to this as part of the idea. it was never mentioned at all.

DP spoke to him and asked for any that includes our kids to be taken down but BIL doesn't see the problem and said it was a good way for the kids to get exposure (!!??). I am not sure quite what he means by that.

AIBU to be annoyed that he has done this?

[PollyFlint]

YANBU.

Unless your kids are models, they don't need 'exposure'. If they are not models, they won't get modelling work through some promo images on your BIL's website.

You say everyone chipped in for the cost of the photographer - so basically he's got you to contribute to the cost of photos he has had taken to promote his business, without asking you. What a prick.

[ItsAllGoingToBeFine]

YANBU. He needs model release forms of he is using the photos for commercial use.

[peachgreen]

YANBU - it's illegal, for a start.

[KimmySchmidt1]

YANBU - he is taking a liberty and what he is doing is not permitted by law.

Give him a formal written warning that he is using your childrens' personal image without your consent and tell him if he does not stop you will make a complaint to the Advertising Standards Agency.

More information on your rights here:

www.taylorwessing.com/download/article_controlling_image_inUK.html#.WZ1u7tQrLq4

[WooWooSister]

Are you sure your DP didn't know the photos were going to be used in this way? It sounds as though that could have been the motivation for the shoot from the beginning.

[autumnbeckons]

thanks folks

I know that for commercial use - there has to be release / consent forms but none of that discussed before hand in planning etc.

It really was never mentioned that this was his plans WooWoosister ( I have seen all the emails planning it) but I am also now thinking that this may have been what he was after all along given the choice of location and setting.

I am raging that we had to pay £250 share of photographers fees (£750 in total) and in effect cover his business's costs.
dp is going to tell him to remove asap and if not, he will take further action.

no doubt BIL will blame me for this as he always has done but hey ho!