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Does a company need my permission before they use a photo of my daughter to advertise their business?

(21 Posts)
dancedinthemoonlight Fri 13-Sep-13 15:13:59

I have recently discovered that a photo ( taken at a kids party) of my 10 year old DD is being used to advertise kids parties she is the only one in the pic and I have never seen or been asked if they can use it I have messages the owner of the company but don't seem to be getting anywhere aibu asking them to take it off their Facebook page? Would be great full for any advice thanks x

tywysogesgymraeg Fri 13-Sep-13 15:17:05

I think they should ask your permission out of courtesy, even if they don't have to by law (I don't know the law). Have you phoned them?

The party organiser may have ticked a box (by mistake maybe) giving permission to use photos.

dancedinthemoonlight Fri 13-Sep-13 17:37:47

The party organiser is the sister of the person who has posted the pic I'm not sure but I thought it came under the data or

dancedinthemoonlight Fri 13-Sep-13 17:38:32

Sorry bloody phone sad I thought that under the data protection

dancedinthemoonlight Fri 13-Sep-13 17:40:59

Act they had to request permission to use photos and info ( I may be wrong 1

dancedinthemoonlight Fri 13-Sep-13 17:42:41

Have messages said person and they are telling me they have taken it down but I can still see it there. I just want to protect my DD x

PractialJoke Fri 13-Sep-13 17:49:27

No, I don't think they do have to ask your permission - the copyright is with the person who took the photo. I agree it would have been polite to ask though.

What do you think your DD needs protecting from? Presumably she's not identified in the advertising?

Deathbyladybirds Fri 13-Sep-13 17:52:53

There's a form in Facebook where you can get pictures of your children taken down.

Picturesinthefirelight Fri 13-Sep-13 17:57:52

No they don't & it's probably in the terms & conditions of the party organiser.

The only grey area is whether she can be deemed to be modelling in which case a payment would be due but I doubt it this case.

Rattitude Fri 13-Sep-13 18:08:22

My understanding was that where the photograph is taken in a location when there can be no reasonable expectation of privacy, then the photographer would not require permission.

However, at a private party, you would expect privacy.

Here is a link to a website that outlines a similar view lindsaydobsonphotography.com/blog/can-i-cant-i/.

3littlefrogs Fri 13-Sep-13 18:10:14

What harm do you think is going to come to your dd? confused

Are the company advertising her name and address/school?

I am genuinely puzzled as my dd has appeared in promotional photos for brownies, scouts, local paper,local charity events - I never thought any of this would pose a risk to her safety. Am I irresponsible / missing something?

Rattitude Fri 13-Sep-13 18:10:45

There was a similar thread a few months ago. I think eventually the mother managed to get the pictures of her kids taken down from the company's website.

Sleepingbunnies Fri 13-Sep-13 18:12:17

I have the same thinking as 3littlefrogs!

PandaNot Fri 13-Sep-13 18:13:25

The photographer owns the copyright but if it is being used for advertising they have to ask permissions.

dancedinthemoonlight Fri 13-Sep-13 18:24:29

It waS a private party and the company was not involved in organising the party.
I am worried as my friends daughters picture was used by a ped

dancedinthemoonlight Fri 13-Sep-13 18:28:46

Sorry bloody phone my friends DD pic was used by a now convicted at where he photo shopped her head ( and other children) on to naked bodies. I just don't want that to happen to my Dd maybe I'm just being over protective but I don't put any pics of my children or anyone else's on Facebook or any other web sites
Sorry just wanted some advice that's all x

Sleepingbunnies Fri 13-Sep-13 19:37:56

Oh gosh that's awful!

commuterbelt Fri 13-Sep-13 19:41:01

do you have absolute proof that happened danced?

tywysogesgymraeg Fri 13-Sep-13 23:17:41

But anyone could take a photo if your DD at any time with out you knowing. Unless you never let her out of the house. I don't really see what's so bad about FB.

dancedinthemoonlight Sat 14-Sep-13 12:14:35

I don't have the proof but my friend does hmm all I wanted to know was if they had the right to post it. It was not taken but a professional photographer and the business was not running at the time if the party
Thank you for all your replies and judging from some of the responses I'm just being over protective sorry I just don't think it right that other people can post pics of my dd or any other child on Facebook or on line without permission just wanted to know where I stood legally x

dancedinthemoonlight Sat 14-Sep-13 12:16:09

Deathbyladybirds do you know the name of the forum on Facebook please or can you put a link up please x

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