Child included in promotional flyer

[Arantxa]

My child had enrolled in a dance class and at the time I had signed an agreement consenting to photography relating to the class. However, she no longer participates in the dance classes and the dance teacher has printed out promotional flyers that contains an image of my child. Am I able to sue her for this as she did not ask for my consent after my child left the class.

Why do you want to sue them? What do you want to achieve?

I doubt the consent specifies only to be used whilst she is participating. I don't know about the legalities but I can't see why they'd not use the images after someone had left.

I wouldn’t have thought so, you gave permission at the time and the picture was presumably taken while she was there. Unless you had explicitly withdrawn your consent it would presumably still be there. If you sued what would it be for? Have you or your daughter suffered any loss as a result of this picture?

Sue her? For what exactly? Using a picture of your child that you gave her permission to take and use?

If you signed an agreement for her image to be used then they can still use it even once She has left. And sue them? Really? Why don't you just ask them not to use her images anymore?

However... Did you sign a consent form for her image to be used in their promotional and public material? Or just sign to consent to photos being taken for their own private use (just to have a record of the kids dances)?

Sue? Really?

The consent form and gdpr policy should specify how long images are retained for and for what purpose. You can withdraw your consent and ask that his image is not used in future. What damages would you claim for?

Sue them 🤦‍♀️

So if you sued and won some money/compo you’d feel better about it?

I'm another one at "sue them".

Sure op, I'm sure a judge would go e you lots of money to compensate for your pain

It's not about money ... it's about the fact that I did not consent to any image of my child being used for the promotional activities

Just withdraw your consent and ask them to delete the photos. What would you be suing for?

Just message or phone and ask for the images not to used.

Sue for what?

I think you'd need to go back over that consent form you signed. I suspect you did.

You could actually contact them and discuss it instead of getting a lawyer tho

Sue her?!? It's a sad state of affairs if you're seriously considering that.

If it’s not about the money then no need to sue just withdraw your consent for future use of the image of your daughter.

You don’t sue, you just go and talk to her a her advise you are removing your consent and she needs to withdraw the flyer

I have contacted the appropriate person to withdraw circulation of any promotional flyers that contains my child's image

Unless you took the photo, the copyright doesn't belong to you so you legally have no say in how the images are used.

Well, what did the appropriate person say when you contacted them?

Why exactly don’t you want a photo of your child being used? It can’t be a safeguarding thing as she no longer attends the classes and, even if it was, you bloody signed an agreement stating that they could use her image in photographs. Just tell them you’re uncomfortable with it and next time they print flyers they’ll use a different photo.

If my child is clearly identifiable in the image and I did not consent to promotional publication, especially after leaving the dance school, I do have rights

The person in question is non responsive to my request

Did you read what you signed? Every consent form I've signed for our various baby classes specifies photos can be used for for promotion/advertising. Why would they take them otherwise?