To think I’m not going to be in trouble using a photo of my DD I didn’t take?

[HolidayClubPhoto]

DD (aged 7) has been at holiday club this week. She’s had a lot of fun.

The holiday club have a facebook page, and earlier this week posted a picture of DD doing an activity. She’s alone in the photo, it’s just her and there’s other photos of the other children do9ing the activity alone, as well group photos that DD appears in too.

I’ve saved the picture of her on her own and used it on my own facebook page. It is literally the one of her on her own, I have saved the pictures of her with the others but not put them on my own facebook.

A friend has suggested I check with the holiday they’re ok with me taking the photo and using it myself or I might get into trouble. It’s my child, on her own, that I’ve paid a not insignificant amount of money (£100 for 3 days of 7.45am-5pm) to send her to, she’s also wearing a tshirt with the holiday club logo on (she choses to wear it, she isn’t forced) so is basically a walking advertisement for them.

I am messaging the facebook page now to ask permission, but does anyone know what trouble I might be in for using it without permission?

To repeat myself a 3rd time it is just the photo of my child, no other children, staff or any identifying information in the photo, she’s literally stood in a standard looking sports hall (green floor with lines painted on), smiling at the camera while holding up a ball related to the activity.

YANBU - Using the photo is fine
YABU - You will get into trouble

I would have thought you are being unreasonable

I’d have done the same

But there is sure to be some sort of issue I don’t know about …someones sure to tell us 😀

Both you and your friend are overthinking this. They’re not likely to care.

Technically the person that took the photo owns the copyright but I can't imagine you getting in trouble. I think it's polite to ask though - a quick 'lovely photo, mind if I share?' is enough. They'll probably be delighted

Technically photos are owned by whoever took them. There's been some cases recently where celebrities have been sued for using photos taken of them by photographers or paparazzi on their own social media. Although I believe these were all in the US, not sure if it would apply in the UK.

In reality I doubt a children's holiday club is really going to care. Your friend is overreacting, surely worse case scenario they'd just ask you to take down the photo?

I can't see why you would get into trouble. The holiday club probably take and post the photos expecting parents to share or save them.
Your friend sounds very over-cautious.

Well actually I think they do have the rights over the photo as far as I understand. There's been a number of cases of celebrities posting pictures of themselves that paparazzi have taken and successfully getting sued by the photographer for doing so even though it's a picture of them. I know that sounds bizarre.

You're talking about photographing a minor though so I would have thought they'd have made you sign some sort of permissions form?

But in all reality, I don't think they'll actually care if you post the picture on your Facebook. But I think in theory if they did care then you'd have to remove it.

In real life, a photo taken by an amateur photographer will at most get you a “please take that down” and even that’s highly unlikely. If it was a professional picture again even if they objected they’d just ask you to remove it first.

Have you credited the original photographer? I think that's the usual etiquette if you use someone else's work. It's a bit rude not to acknowledge if you didnt take the photo but otherwise any photo on Facebook is fair game for sharing, they literally have a button for it

They wont care.

If they are even aware of it they will be happy with the free advertising.

Please don't worry about this.

They’ve posted it publicly on Facebook so anyone can do whatever they want with it.

I wouldn't even bother asking them. They won't know and they won't care. If the photo involved other children, that would be different, but it doesn't.

@Aquamarine1029

I wouldn't even bother asking them. They won't know and they won't care. If the photo involved other children, that would be different, but it doesn't.

Why would it be different? assuming the holiday club have the necessary permissions from the parents to post the photo on the internet in the first place what does it matter who is in it if someone else re-posts it?

@Aquamarine1029

I wouldn't even bother asking them. They won't know and they won't care. If the photo involved other children, that would be different, but it doesn't.

Even if it involves other kids, their parents are happy for their photo to be posted publicly and downloaded/shared by anyone.

@GrapeViney

Well actually I think they do have the rights over the photo as far as I understand. There's been a number of cases of celebrities posting pictures of themselves that paparazzi have taken and successfully getting sued by the photographer for doing so even though it's a picture of them. I know that sounds bizarre.

You're talking about photographing a minor though so I would have thought they'd have made you sign some sort of permissions form?

But in all reality, I don't think they'll actually care if you post the picture on your Facebook. But I think in theory if they did care then you'd have to remove it.

Yes you fill in a form online to "sign up" for the club and there's tick boxes to give permission for Facebook and Twitter and also for internal training purposes (you can tick one, both or none).

You then for the first session go in and have the opportunity to withdraw consent by not signing that part of the form.

So every childs face on Facebook and/or Twitter they have permission to share. They very obviously crop photos so I assume take out any child without permission.

It’s in the public domain.

Who is going to tell them you took a photo of your own child 🤷‍♀️

It's fine, just had a reply from the holiday club "Hi that's absolutely fine using photos of your own child, if there's other children though please check with their parents they're ok with it being on your personal facebook"

So it's fine.

What a non story

Using the photo is fine.

YABVVVVU how dare you post pictures of other people's children *

• couldn't resist. Sorry

I don't see why not! If someone posts something on a public form I'm it's out there for the public?

There maybe some law I don't know about but I can't see how someone can post a picture of your own child that you're not allowed to!

Of course using the photo is fine! Not sure why your friend is chiming in!

There IS identifying info though as you said she is wearing the logo. Not that it matters as it is entirely up to you what you post online of your own children.

I've just remembered though that when ds does stuff with CP sport we are asked not to post to our own FB without crediting the photographer and having their permission.

But they have a proper photographer who gets paid and sells the photos depending on permissions given!

@Asleanna

Of course using the photo is fine! Not sure why your friend is chiming in!

There IS identifying info though as you said she is wearing the logo. Not that it matters as it is entirely up to you what you post online of your own children.

The company who run the club run it at about 7 or 8 places around the county so it only tells a person she goes to a club run by this company not exactly which.

Presumably you gave permission for them to take pictures for advertising purposes? And its your child....so friend needs to butt out.

Its not unknown for some nurseries to be a bit funny but it's a holiday club and they've put it in the public domain. A photo of your DD looking happy in a branded shirt that will be seen by your fellow mum friends? I'd be happy with that. Personal referrals are far more effective than cold advertising.