Company using my baby's photo to advertise

[pinguwings]

We went swimming this morning and there was a pool photographer. They took some photos of the kids as the grandparents love that kind of thing for Christmas.

When we went to look at the photos they had some already printed spread out on the desk as display. I did a double take and then realised that one of the photos was my DD as a baby - 4 years ago. Photo was taken by the same company but at a different pool. The photographer said we could take the photo away with us- and she doesn't think they have other copies.

I had never given any sort of permission for her photo to be stored or used for advertising. I feel really uncomfortable about it but am I just overreacting?

I wouldn’t uncomfortable with it per se, I do think it’s bloody cheeky of them though.

I wouldn't like that

I wouldn't like it, but are you sure you never signed anything last time? A lot of photographer contracts state they can use the photos for advertising purposes unless you say otherwise.

I wouldn't get too upset over this.

she doesn't think they have other copies.
I had never given any sort of permission for her photo to be stored or used for advertising.

This is what GDPR is for.

ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-photographers/

I’d put something in writing to them. Data subject access request, right to erasure and confirming you do not and never have given consent.

People can be quick to cry GDPR for all sorts but ugh, we are talking sensitive images of children here. They need a wake up call and to resolve this.

I agree with BeastofBODMAS and I think you should be making a fuss about this. Not so much for your own DD's sake but because a company that is in the business of photographing children needs to be meticulous about privacy and consent for safeguarding reasons.

They should have asked, but really - why do you care? They probably generally do but forgot. Don’t turn into one of those people who is looking to be offended all the time.

"We went swimming this morning and there was a pool photographer. They took some photos of the kids as the grandparents love that kind of thing for Christmas."

So you let he photographer take pics this morning, but four years ago didn't notice them take pics?

Write to them and ask them for the original model release form as you do not recall signing one.

Then if they don't send it, and you don't want them using it, they need to remove all copies and recall all material and you have every right to start proceedings. They are photographers, they know they need a model release form signed by a parent of guardian before they can use your child in marketing.

You do need to make a fuss about this because one day it could be a child that absolutely cannot have their photograph shown in public. It’s shows the ignorance of the person that runs this company towards matters like this which has the potential to be dangerous.

You need to what @Shedmistress says.

Demand royalties?

@diddl

"We went swimming this morning and there was a pool photographer. They took some photos of the kids as the grandparents love that kind of thing for Christmas."

So you let he photographer take pics this morning, but four years ago didn't notice them take pics?

Where does it say she didn't notice? Presumably the garndparents liked photos of the kids 4 year ago as much as the do today, I think it's safe to assume the OP choose to have the pictures then as well.

So you let he photographer take pics this morning, but four years ago didn't notice them take pics?

Eh?! I don’t think OP is accusing the photographer of taking covert pictures 4 years ago. She’s saying she wasn’t asked for her permission for the image to be stored and used for advertising.

My photos on all the old sea life centres posters/pamphlets etc as I am in a Norfolk broads holiday park pool picture. I couldn't say I particularly care, it's just a photo...

The ‘I can’t get worked up about this’ types make me laugh. Good for you for being soooo cool and laidback, but can you not rack your brains and think of a few reasons why there are laws governing the use of photos and why it might be quite important for photographers to take them seriously?

I don't think the OP is complaining about any short of covert taking-of-pics of the older DD. She's complaining about them being used for advertising without knowingly giving consent.

Personally OP, I would be content with having the copies that were on display, but I think I WOULD follow up with a Recorded Delivery letter asking for an explanation as to how/why my DDs image was being used. Baring in mind that it could be that you signed a small-print disclaimer when/if you ordered the prints of DD1 the first time.

I wouldn't take it any further than that personally, but I'd be reminded them in strong terms that they have in their possession pictures of young children, in various states of undress, and that they MUST ensure all their paperwork and legal obligations are water-tight. I'd probably cc. the swimming pool management in on this, as they are certainly getting some financial kick-back from the photographer for access in the form of a commission or % of sales.

@Luredbyapomegranate

They should have asked, but really - why do you care? They probably generally do but forgot. Don’t turn into one of those people who is looking to be offended all the time.

Bizarre response. Don't assert any boundaries for yourself or your children in case someone somewhere considers you unreasonable.

Some people are saying they don't care or couldn't get worked up, but it doesn't matter what they think. The fact of the matter is the photographer should 100 million per cent have had you sign a release form if they wanted to use your child's photo for advertising. This is, as some others have said, an absolute breach of GDPR. Its nothing to do with being offended or choosing whether or not to care.

Pretty sure gdpr doesn't apply to photos. And there are no rules about photos in public places...so I doubt it's illegal. But annoying of them - it would seem more polite to ask for permission.

www.avonandsomerset.police.uk/report/taking-photographs-in-public-places/

No problem as far as I can see.

I'd be reminded them in strong terms that they have in their possession pictures of young children, in various states of undress, and that they MUST ensure all their paperwork and legal obligations are water-tight.

What paperwork?

Unless you're suggesting they're indecent photos - which they definitely won't be - then the photographer won't have done anything wrong.

Generally the owner of the photographs is the photographer so I wouldn’t have been that surprised. I do wonder if you should have signed a release though.

@SofiaMichelle

www.avonandsomerset.police.uk/report/taking-photographs-in-public-places/

No problem as far as I can see.

A swimming pool isn’t a public space. A public space is the park, a street. Not somewhere you pay to go into or a shop ( where you are there at the invitation of the owner)

@SofiaMichelle yeah a swimming pool isn't a public place though. It's private.

Irc, the paperwork signed when having the photos taken/purchasing the pictures details concent for marketing purposes, however it is small print.

Personally, it's not something that would bother me, because I post photos of ds on social media. However, I completely understand those who would be completely not OK about it, there are so many reasons why it wouldn't be right for them to use images.

I'd follow @zingally advice, if you're ok with dd's image on the advertisements.