to want pics of my baby off a third party business page

[LadyGranulomaFortesque]

We attended a 1st birthday party last year and unbeknownst to me, one of the people there was in the process of setting up a photography business. I had no idea she was even taking pictures but a friend has just messaged me to say there are a few pics of my then six month old baby being used as promotion on her business Facebook page.

I am fuming - she didn't even ask even though she is a friend of a friend. I keep all of my pictures private and apart from a little cameo of me and my son together in my profile pic, there are NO pictures of him on Facebook and even pics of me are mostly private (I am weird like that).

I realise she took the pictures (covertly as today is the first time i have seen them) and I have sent her a polite message to take them down. Anyone have any idea where I stand legally if she refuses. I am so not happy about my little man being used as advertising for someone else's business. I feel like our privacy has been violated when I am normally so careful.

[Raum]

If she doesn't remove them pronto, name and shame on here..

[fledtoscotland]

I would be livid. There are huge issues here. The photographer doesn't know if the child is on the at risk register and needs to be protected. By publishing photos without consent, she is violating his privacy. I would go to every site that she has published the pictures and inform them of this. Tell her that in her absence you have dealt with it.

[Summerloading]

Is there an update, OP?

[AgentProvocateur]

Actually, you can take shots of whoever you want - children or adults - without permission (although its good practice to ask first). The only thing that the photographer has done wrong, is to use the shots for advertising and to use the child's name.

[Euclase]

I'd be livid too, absolutely no pictures of my dc go on the net. A friend took some pics of the dc playing together with hers and she started to upload room Facebook straight away.

If I hadn't of asked what she was doing, they would have been uploaded. Fortunately I asked her to stop in time and she didn't put them up but I did get a few looks from friends. But I don't care, I don't want pics of the dc anywhere on the net.

In your situation I would be getting a solicitors letter pronto !

[LadyGranulomaFortesque]

Hi everyine,

I think she must be back from her holiday as I have just received this contemptuous response:

The photo's have been removed.

Could you please ensure that you and anyone who may have a copy of those images delete them, as I retain full copyright for any images that are not used for advertising and promotional purposed unless they are paid for.

Many Thanks


:-O I am beyond livid and just composing myself for the response.

[Summerloading]

No apologies, coupled with a threat [anger] ????

[Smellslikecatspee]

oooooooooooooooooooooooooooooohhhhhhhhhhhhhhhhhhhhh.

Unreal, the attitude!!!

Include a copy of the Data Protection Act in your reply

[maddening]

Sounds like she isn't worried about upsetting her friend's friends!

I would reply

Thanks. Please ensure that you fully delete any images you hold of ds.

I am not aware of anyone taking a copy but I am retaining screen shots taken of your website and advertisements as evidence.

Please be aware I will be checking periodically to ensure they have been removed and do not reappear.

[fuzzpig]

[BeautifulBlondePineapple]

How rude. She's obviously not aiming for word of mouth recommendations!

When you do reply, you could also point out to her that the plural of photo is not photo's.

[JenaiMorris]

Oh well she can fuck right off then.

Is it worth contacting the ASA or someone? Is she a member of a professional organisation/guild?

[Thumbwitch]

[anger]

The barefaced CHEEK of the woman!! OMG. OMFG. I'd be hopping mad, literally, I would be hopping around from foot to foot with wanting to DO something really bad to her.

Fucking cheeky bitch.

[Thumbwitch]

that would be then at the end of all the ...

[LadyGranulomaFortesque]

Yes I think everyone gets how I am feeling - I am so mad I cannot concentrate on anything else. I have just drafted a response and sent it to my DH for approval. I was willing to be so reasonable and now I feel like if I can sue her ass off I will.

[MrsSpagBol]

I think you need a very strongly wordered response mentioning:

parental consent
data protection act
false advertising
model release form
solicitors

etc
etc

She doesn't seem to have grasped the issue.

I think the point needs to be made that her behaviour is not ok, for the sake of preventing her from doing this ever again.

ps - I feel vindicated Moonlight et al

[hiddenhome]

Follow her around the internet and make sure you leave negative feedback wherever you can

[JenaiMorris]

My professional organisation/guild idea is a good one btw!

If she claims on her website to be a member of one, it would be worth contacting them, partly for advice but mainly to grass her up.

[MrsBungle]

The nerve if her. I never fail to be amazed at the brass neck of some folk!

[GlaikitFizzog]

She can still be done for breaching ASA rules and the dpa for printing DSs name without consent, even though she has removed the images. Plus you were at a private party where it is reasonable to expect a right to privacy, you did not even know she was taking these photos. I would be contacting the ASA as it seems she has not learned her lesson at all. Next time there could be catastrophic results. Silly woman.

[NigellaTufnel]

Oh show us your response!

[InLoveWithDavidTennant]

wtf? what a stupid stupid woman

[Thumbwitch]

Yy, please let us give feedback on your response as well.