To think it's NOT ok to use a photo of someone's child without asking them first?

[chicaguapa]

I looked at a photography website last night and was to see a photo of my DC on it, twice. Not even from a photo shoot, but taken on a day out with the person who owns the website.

AIBU to have expected to have been asked if it was ok to put DC on Facebook the website, or at the very minimum have been told it was there?

I no longer speak to this person as we fell out over a year ago over internet safety issues on Facebook.

Apart from the safety issues, is it not common courtesy to ask parents to use their DC's photos for promotional purposes?

I can't think of any safety issues, but it would have been polite to ask.

If they were in a public place though it's legal to take anyone's photo.

It's not ok as they have to get your consent before using it. Ask them to take it down as you haven't.

What safety issue?

what are the "safety issues" that you refer to, exactly?

From a legal perspective, the photographer owns the copyright so can do what they like with the picture if the photo was taken in a public place. However if the photo is being used commercially, ie to sell a product or service, then a model release form should be obtained from the parents or legal guardians of the child.

Regardless of legalities though, it is a bit rude.

i dont think there is any legal issue of consent if it was taken in a public place; still it would have been polite to ask.

Photographers legally own the rights to any photographs they take unless they sign the rights over to their subjects . Although if I was a photographer I probably would tell people if I was putting their pictures on the Internet but I'm just nice that way

Safety issues

I'm a pro photographer and would never use a child's citrus without having asked the parents consent first. If I know them very well then I usually do this verbally, at the time of shooting if I know I'll be catching some promotion worthy shots, thought i'd double check before outtting them on out of courtesy...if they are a client they'll have signed a release form at the time the contract was signed.

Has she ever asked you if it's ok? Even ages ago? If not then you can ask her to remove them.

I'm also a bit at 'safety issues'. I think there is a tendency for some parents to get a little hang wringy over pictures of kids, peado-mania gone a bit OTT.

I'd never use a child's image either, not sure what citrus has to do with it! :)

Did the photos make your children identifiable then OP?

i wish someone would send that link to the Cambrian News (local rag) they regularly publish pictures of children along with their full names which did make me a bit as they obviously have never even considered NRP or other issues.

Yes, the photos make DC identifiable.

But it's not about the safety issues, it's about common courtesy. IMO. Though the safety aspect irks, as irrespective of whether she thinks it's hand-wringing, she knows my views on this.

Plus I have friends that work in child protection so I'm absolutely entitled to wring my hands anyway.

I think for some reason they have copyright of the photo if they took it. Would be polite to ask though!

I would be upset and ask for them to be taken down.
I hate it when people put photos of my child on Facebook.

I know most people seem fine with children's photos online however I am not (for many reasons) and its my child and my right to choose until she's old enough to make her own decision.

Well, that depends -- unless the Cambrian News employs a psychic reporter they will presumably have had to get the full names either (a) from the supervising parent, who is in a position to assess whether there are any issues in this particular case, or (b) from the school/club involved, who should have a formal policy on photographs of children (every nursery, school or club mine have been to has had something for me as a parent to sign to opt in or out of being photographed or how photographs can be used). So it's unlikely that the newspaper is doing anything wrong.

What's 'friends in child protection' got to do with it??

OP, I understand you.

The wilful ignorance of some posters is staggering.

Themaltesefalcon what safety guidelines are in your country of residence?

I agree with Ami, ter s a tendency to go ott with this, but she should have gained your consent first

"So it's unlikely that the newspaper is doing anything wrong" well having a policy of publishing every child's full name is their own (ir)responsibility - more fool the educational establishments that go along with it, indeed.

Model Releases are not worth the paper they are written on in this country. They are not a valid legal document in the UK.

A photographer has the legal right to use any photo he/she has taken of any person in a public place however he/she sees fit. Consent of the people in the photo is not needed.

bluenoxid.co.uk/photolaw.html

I say the above as both a photographer and a photographers model of many years.

HOWEVER - it is common courtesy in my opinion to ask permission of parents, and whilst a photographer is under no legal obligation to remove images, most will if you ask and explain your concerns.

Well, I think it is a bit rude, ignoring anything else.

Having said that DD was thrilled to bits to find her photo used to advertise an event in the local theatre brochure, it was taken at a circus day she went to. It was a fabulous photo though, with green hair and a bowler hat! (Reminds me I should try to get a copy.)

When I did my media law exam a few years back now it was the photographer owns the copyright but subject owns privacy rights. So if the photographer deliberately took the child's photo then used on the website that would breach privacy rights if used without consent. But if the child was randomly in the background where there was no expectation if privacy the photo would be fine to use. It may have changed now but that's generally how I tend to work.