Child being used in huge ad without consent

[Ferniefernfernfern]

Background: My child (early primary school age) plays a sport at the local club and recently, there was a photographer taking pictures of his tournament. The pictures inevitably cropped up on Facebook and Instagram. Usually we don't allow our children to appear on social media but decided to let it go, as the tournament was free and we didn't want to make a fuss.

However, one of the pictures of him has now been made into a 6 foot tall banner advertising the club. I had previously emailed them (about 3 months ago) letting them know my children's images cannot be used for commercial purposes. My kids are in the minority where we live, so I think their look makes them particularly marketable. I've had to ask for their pictures to be taken down by virtually every single school and activity they've ever participated in.

I've just followed up on my previous email suggesting that they remunerate my son in the form of covering his half-term camp costs (around £100).

AIBU? My background is in advertising/TV and I know how easy it is for businesses to exploit children's images without proper payment or consent, but maybe I'm overthinking it.

Yanbu. You've specifically asked them not to do this and presumably signed paperwork requesting they don't do this, I would be formally asking again then withdrawing my child from the club as they clearly don't take safeguarding seriously.

No, you’re not overthinking it. I’d be extremely unhappy about this- especially since you have not given consent for images to be used.

I certainly wouldn’t be asking for money from a community based club. When you joined was there not a box to tick as to whether you gave consent for photographs to be used in promotion materials?

I do have some sympathy as my daughter’s photo ended up as huge banners at bus stops around our city, advertising her school. Mortifying for her!

Schools and clubs should have signed consent to publish photos of children and it should be clear what platforms ie school should break it down to social media, advertising etc. Clubs should do this too, or at least if you've been clear should adhere to that. I'd take it further, I don't consent to any photos being published for this sort of reason.

It’s a private club. We pay to belong.

I think you that asking for him to be paid takes away from your previous position of not wanting his image used. If you are asking for a free camp in exchange for the use of his image, it implies you’re now fine with it being used.

Id be very unhappy if I'd explicitly not given my consent for images to be used in this way.

If you haven't consented then the ads need to be taken down, I wouldn't be asking for any form of compensation though.

They are out of order.

You muddied the waters by asking for money. Would have been better to maintain the photo shouldn't be used at all

I agree that photos should be used only with parents' permission.

I'm less clear whether you are unhappy about photos infringing on your children's privacy, or whether this is fine so long as you get paid for it.

So principal caves to money?

I think you should have refused and asked for it to be have taken down

This. Now it seems like you don't really care about having your child on ads as long as you get payed..

How so? They are exploiting his image for commercial gain-shouldn’t he be remunerated? Photography models are typically paid.

I think you are contradicting yourself by asking to remove the image as you don't agree with your children being used in this way, but then asking for money for their image to be used.
Either you are unhappy for the image to be used or not. If you had put in writing that you did not want images to be shared then this is the argument to make. I think you have made yourself look a bit silly following up with the money request.

I don’t allow my children’s faces to be online without express permission and that includes the school instagram etc.

It tends to mean they aren’t in the newsletter, and for one, it meant they didn’t make the advertising banner (for private nursery) that all their friends were on - they were a bit upset about that, but honestly, I don’t understand why anyone would want their kids’ likeness used for advertising - unless they have been contracted and paid appropriately.

In your situation, I would be especially annoyed as you have been clear that it isn’t something you allow.

I don’t think you should have asked for money, but I presume this was a way to try and make the best of the situation, and avoid them having to throw away the signs. It makes sense but it does muddy the water.

Most important here is that they haven’t done the correct checks re permissions - so what other things are they not doing correctly?

You’re right. They should have offered payment for use of his image. Standard practice.

YANBU -
It's surprising that they have made this mistake, I'd have thought everyone would know not to do this now.
I wouldn't like it and would want the pictures taken down.

You have withdrawn consent so under gdpr they cannot use the image. The club should have a privacy policy and nominated data controller who can handle a complaint.

You’ve totally fucked this up now @Ferniefernfernfern by asking for money.

you should have insisted the ad was removed and your kid never being used for commercial purposes.

But you can't have ir both ways by asking for a fee instead!

I assume your kids are from a minority and they've used your son's image as a way of promoting the diversity of its membership, but in fact where you live isn't very diverse and your son's image has been used under some false pretences? On that basis I'd be pissed off.

You shouldn't have asked for money, though.

The club should seek permission before using a child's image. I thought that was standard.

This exactly, you have undermined your position by asking for money.

No she hasn’t. She can still complain about the use without permission. One possible remedy to the problem is payment, which is what she has suggested.

There is no need for moral high ground - the law is clear about needing permission for using people’s likeness for commercial purposes.

YANBU!!!! Our child’s school randomly started using images of all children’s activities on an open Facebook page (previously private). I made a complaint and stated there was no reason to make the group open other than for advertising purposes for the school to make them look good. I had previously opted out of my child’s images being used for advertising and public viewing.