Child being used in huge ad without consent

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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.

Just to add, it’s not because I’m bothered what of how my child looks, he’s cute as hell even with a snotty nose 🤣

It’s more that these are his moments and images, not everyone else’s.

OP had a reasonable and sensible discourse when she wrote to the club saying photos of her child could not be used
The club clearly have no interest in obeying the law
They should be penalised, heavily

Strawberry didn’t say it was for unethical showing off, she it was for advertising purposes. Community cohesion and helping families understand and support the school could have been covered by the private facebook group.

We have had very similar. Daughter was used in posters and flyers advertising a club she is in and also posted on Facebook after we had explicitly told them not to take her photo at all. We made them remove the adverts in full and actually threatened with legal action (mainly because Daughter was also only in swimwear for one of the four photos she was in.)
I would not however have asked for money. You either agree to their image being used or not.

Don't ask for payment, go back and clarify: ask for an immediate take down, undertaking they won't do it again, say you had expressly not allowed it and als say they need to donate the money to a charity. Not on!

I disagree. You have asked for your child's image not to be used. Now that it has been published without your permission, that can't be undone but your child could benefit financially. Seems perfectly reasonable to me. As you say, child models typically get paid.

Child protection officer here for sons sport club. This should not have been allowed without explicit consent! Major safeguarding issue if not taken down.

For all they know you might have a safeguarding concern re the photographs. I don't allow my adopted son to be in any photos for that exact reason. They are VERY wrong to do this and should be falling over themselves to take down any material with your son's picture in it. I think you've probably under reacted

Did you give permission for the photographs to be taken? If so check what permissions you gave them. I'd bet a fiver they got you to sign your rights to the photos away. If you didn't sign anything giving permission for the photos to be taken then definitely keep on at them to remove the ads

You are absolutely NOT being unreasonable whatsoever! I have twin sons and their school specifically sent us forms before they even started a very detailed form laying out permissions for photographic material of our sons and what we would consider appropriate, from their own school boards in reception to social media and media platforms such as newspapers etc and they take it extremely seriously. At the end of the day it’s obvious as to why this is so outrageous but one that comes to mind hits personally as I have a sister that has fled domestic violence and abuse and had to flee to a different area and cannot have anyone know their whereabouts for safety reasons there is also things like witness protection situations as well as it’s just plain not okay. So concerning and good for you x

If there are no safeguarding concerns, is it really such a problem

Just to add, it was the club wasn’t it that offered to give back the fee? As in part at least compensating the family?

Getty news agency tried to make money from child's photo 5 years ago. It was taken (full face from a foot away, very idenfiable) as we walked on a religious pilgrimage. I approached the photographer & told him she was (clearly a) primary kid, and autistic & semi verbal to boot. Getty argued that it was a public place so tough. (to rub in the salt, it was actually a lovely photo of her but couldn't afford the smallest version of the pics they then put up for sale).
However, your story is even worse as it is a private club & you have not given permission. I hope you are more successful than I was. Our kids images belong to them. I don't even put my kids pics on FB yet alone out in public.

Are you saying if they pay the fee you'll let the use the photo, or is that your compensation request?

You’re not being unreasonable. I think it would have been clearer to just ask for them to take it down and saying as a parent you don’t give permission.

I once worked at a school where the marketing team put a massive, unflattering picture of a girl in my tutor group on the back of a minibus. She was really embarrassed and I felt bad for her.

£100 would be well under standard for a child model as well.

Really bad form on their part - for all they know your kids could be subject to care orders or domestic violence proceedings. However bad form on yours asking for money I think. Either you want it down or you don’t, compo gets a bit murky.

Agree, and am disappointed by so many replies saying you either care about privacy or let them use your child's image for commercial gain. It's financial exploitation. You're right to ask them to acknowledge that by paying your child.

I think £100 is a low call, too, and they should snap it up before you hit them with a legal letter.

Also, I was recently contacted by a local photography company asking to use the photos of my child from last winter to advertise this year’s snowdrop photo shoot. I thought that was really cheeky because we paid plenty for those photos so why should they use us for
free advertising without some kind of discount? I think parents are definitely wising up to this.

Are you sure you didn’t tick a box on a form when you signed them up to the activity that said their photos could go on social media etc? As most clubs have that tick box? You say you don’t want them exploited but you’re ok with it as long as you save £100?

It's not like it's a big corporate with a big budget. It's a community project so to me it feels wrong to ask for money

i would check you didn't inadvertently tick the box for all uses of photos before you go in guns blazing. But it is a safeguarding issue if you did say no to photos, which could affect more vulnerable children, like adopted kids, so you should def raise it with them.

But people in images unless models in staged photos etc don’t get paid. He’s helping to promote the club which he’s part of. Apart from not getting your explicit permission, this is quite common practice and organisations do this all the time to promote themselves. It’s nothing extraordinary.

Completely agree. There’s a number of reasons you should be paid imo.

1. they have no usage rights as you expressly said you did not consent to his image being taken / used.
2. They owe you compensation.
3. it will be less expensive for them to compensate you (especially at the level you are talking about!) than to re-do an ad campaign / ad materials.

To everyone saying they think you have muddied the water, don’t they believe in compensation for wrongdoing?

Me neither. However she let it go to begin with. Then didn’t really care when they were up. Then asked for photos

i say no from the off and don’t even let me children’s photos on social media

i don’t see that the two are contradictory! I don’t want you to do x. As you have done x I expect you to compensate me. This is not unreasonable!