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Photo of Dd for sale after i said 'no'?

(111 Posts)
StripeyChina Sat 20-Apr-19 08:50:40

Dd and I took part in a public walk today with a religious purpose.
It was photographed by some members of the public and the local paper. We were walking in a big group so it didn't feel invasive. But there was also a man there from a big photographic agency who hopped up and snapped Dd seemingly close up as we came off the route, with 'view' in the background. I asked him to crop out of pic.

I've just checked and there is a close up pic of just my Dd, full face, v identifiable. I can buy a copy for a few hundred quid. So can anyone.

Is there anything i can do?

foodiefil Sat 20-Apr-19 08:56:16

Not really. You were in a public place and can't have had a reasonable expectation of privacy. You could contact the agency and ask nicely? Maybe lie and say she's in care - you can't identify children in care.

foodiefil Sat 20-Apr-19 08:57:15

It isn't illegal though - they might just explain the law to you. He might be being 'clever' and publishing it because you peed him off by asking him not to do something he knew he could do 🙄

Isadora2007 Sat 20-Apr-19 08:58:35

Ummmm if you didn’t want her to be seen there why was she there?
You were in public. Yabu.

Serin Sat 20-Apr-19 09:07:40

Isadora,It's a bit different being "seen somewhere" to having your child image captured and sold on for profit.
I'd be a bit cross to.

WhatToDoAboutWailmerGoneRogue Sat 20-Apr-19 09:07:45

YABU and there’s nothing you can do. If you are in a public place you can take a photo of anyone and do whatever you want with it.

Thehop Sat 20-Apr-19 09:09:25

YANBU I would t like it but I fear there’s very little you can do other than ask them nicely to remove.

usernamerisnotavailable Sat 20-Apr-19 09:09:31

Sorry utter rubbish. I run a photographic agency. You can't take pictures of children without a signed release form from a parent or guardian.

NoSauce Sat 20-Apr-19 09:10:04

Is there a safeguarding reason you don’t want him having the photo OP?

Di11y Sat 20-Apr-19 09:11:17

pp are wrong, a close up needs a consent form. he needs to delete.

IceRebel Sat 20-Apr-19 09:12:10

You can't take pictures of children without a signed release form from a parent or guardian.

I'm surprised by that, I thought you didn't need permission if the picture was taken in a public place.

AnnieMay100 Sat 20-Apr-19 09:12:14

I’m a bit shocked some of you think that’s ok because they were in public. You can’t just go around taking photos of children when the parent specifically said to crop it so her child wasn’t visible. I’d be making a complaint OP.

mirime Sat 20-Apr-19 09:15:12

He might be being 'clever' and publishing it because you peed him off by asking him not to do something he knew he could do

Then he's being a twat. Just because you can legally do something doesn't mean someone can't ask you not to!

If a child's parent asked me not to photograph them I wouldn't - I wouldn't photograph anyone who asked me not to regardless of my legal rights to do so.

justarandomtricycle Sat 20-Apr-19 09:16:42

Contact the information commissioners office and ask them for advice on someone storing, processing, distributing and selling your child's image against your express refusal of consent, and tell them that you feel powerless to do anything about it and want to know your rights and whether they can help.

If they choose to, they can come down on this company like the hammer of thor.

viques Sat 20-Apr-19 09:17:07

Does the picture have your DDs name and address across it? If not she is only identifiable to people who know her already, so unless there is a safeguarding element to keeping her identity secret she is essentially an anonymous child in a photograph .

I know it is irritating since you asked him not to, but in the greater scheme of things your child is in no danger.

brizzlemint Sat 20-Apr-19 09:17:26

I'm surprised by that, I thought you didn't need permission if the picture was taken in a public place.

From my understanding, it's not the case if you are selling the picture.

WhatToDoAboutWailmerGoneRogue Sat 20-Apr-19 09:18:33

There is no law prohibiting photographing children in public spaces.

foodiefil Sat 20-Apr-19 09:18:34

Do you know what the law is that refers to a consent form? @usernamerisnotavailable rather than it being a good policy you operate within? I work in an industry where images of children in public might be captured that's why I'm asking - not to be difficult

MsMightyTitanAndHerTroubadours Sat 20-Apr-19 09:19:18

I think he is allowed to take pics of whatever he likes in public, but once he is selling them he needs a model release

but am not super certain!!

brizzlemint Sat 20-Apr-19 09:19:28

OP this might help if you are in the UK

Photographers Rights: Taking Pictures of People in Public

Are you breaking any law when you’re taking pictures of people in public? Probably not, but the position under UK law is uncertain.

There are currently no general privacy laws under UK law, but the UK courts must take into account the European Convention on Human Rights, which gives everyone the right to respect for their private and family life. As this is an area of law that has been developing rapidly over the last few years, it is hard to be certain what will constitute an infringement.

The key issue is whether the place the image is taken is one where a person would have a reasonable expectation of privacy. For example, it has been suggested that the right of privacy of a child could be infringed by publishing a photo of them with their parents in a public street.

It is therefore advisable to be careful when taking photos intended for publication, even where the subject matter is in a public place. Failure to obtain a model release for the use of an image will certainly make it harder to sell the picture to stock libraries.

Photographing Children?

The same laws apply to adult and child subjects, but a child does not have the legal capacity to consent and a parent or guardian must therefore do so on their behalf. Be aware that schools, leisure centres and places where children and adults gather usually have their own photography restrictions.

Although decent photos of children taken in a public place may be fine for non-commercial use, seek permission from the child’s parents or guardians and don’t shoot covertly with a long lens. For commercial images, you’ll need to get a model release signed by the parents.

zen1 Sat 20-Apr-19 09:21:13

I don’t know anything about the legalities, but I would certainly complain to the agency and say you explicitly asked the photographer to crop your DD out of the photo and ask why, on that basis, there is a close up of her for sale on their site.

hidinginthenightgarden Sat 20-Apr-19 09:27:56

My daughter is adopted and this would be a serious safeguarding concern for us.
Contact them and say it is very important they take it down. Tell them she is LAC if you want. If they still don't take it down then I wuld be making complaints to the event organisers to make sure they weren't invited again.

SarfE4sticated Sat 20-Apr-19 09:29:01

God that's really creepy OP, I would be livid too.

NoSquirrels Sat 20-Apr-19 09:32:40

It's not "non-commercial use" if the photographer is charging hundreds of quid for it. Therefore he needs a model release form. So he's in the wrong.

I'd be very cross.

Dieu Sat 20-Apr-19 09:33:09

I don't understand the reaction to the OP. This is Mumsnet, where people don't even allow photos of their children on social media confused

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