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

The holiday club, not you, own the photo copyright, so technically you aren’t allowed to use it without their consent, BUT:

• No kids activity provider is going to sue a paying customer, that would be incredibly bad publicity;
• They can’t sue you for money anyway cos they haven’t suffered any financial loss caused by you using the photo;
• They will WANT photos of happy kids in the club outfit to be shared as widely as possible. It’s basically free advertising for them. It’s like sharing a photo of a book. Technically that’s a breach of the cover artist’s copyright but no publisher is ever gonna sue WH Smith or Borders for reusing the cover art by showing a photo of the book, became it’s free advertising for the publisher…

I can't see any problem at all unless you were using it for a commercial purpose.

Being in the public domain does not mean people can do what they like with it - the image still belongs to whoever took it. In this case, I doubt they would mind, but its important to understand they do have the right to object.