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.

Any talk of modelling and model payments is a bit of a red herring really. A small club was never going to use models and pay money - that's for large brands. It's pretty standard to use pictures of beneficiaries in these contexts. If they don't have permission to use the images of your children (and totally get that you did not give it, and are not happy, and they should be removing those ads), they will just redo the ad with other children who attend the club.

Oh don't be silly.

we have a business now I. Cyber security

trsut me when I say there is a hell if a lot wrong with putting your kids on social media and can do u told damage. I have seen the bad side of it.

That's why you dont want your children to be photographed, the quote refers to "children" so unless the poster missed out a word its an objection in principle.

And it's a valid question to wonder why

Gosh! We fear this happening as also a minority in our area. We've specifically ticked no commercial use for our DC's picture. I would be so upset.

Haven't read full thread hope you get it sorted

This is an Article 8 (human rights) issue. I would refer to that in your next communication. It's outrageous to use a child's image for commercial purposes when you've expressly said that you do not want this.

No not quite .. read again. When she saw the first image on SM she did nothing. That was the time to address it. I’ve no doubt she signed forms initially on starting at the club, agreeing to photos being taken and used.

Agreed, £100 is far too low. Camp should be free (at least). unprofessional of them to use a photo without a model release.

My brother ran a marathon & photo release is included when someone signs up. We were surprised to see a poster of him prominently used in advertising the following year’s race. We contacted the race office and were able to get him one of the posters. Assuming OP is able to come to an agreement with the club, she should include that they are given a poster or two - they would make a nice keepsake.

Are you asking if it is unreasonable to expect the photos to be removed as you want to safeguard your child's image, or are you asking if it is unreasonable to ask for money?

I used to do modelling. They are not allowed to use the pictures without you having signed a release first. I would be seeking legal advice as they should have obtained parental permission first. There is also the safeguarding aspect of things too. Even schools don’t allow pictures to be taken during school plays due to safeguarding reasons. They are in major breach

Yeah. I home educate my kids and we were kicked out of a a home Ed group because I had to constantly ask the lady who ran the group to take my kids off her social media page due to our jobs I don’t allow it

she did it 5 times and I guess she got pissed off that I asked? And kicked me out

shocking behaviour and shows you just what home Ed groups are like if I say so myself!

The remedy here is a complaint re data protection and whatever sanction the club is given, plus getting the ad taken down.

Unless I've missed it there's nothing to say that they have no interest in obeying the law. They don't appear to have responded yet, thats not the same thing.

You’re definitely not being unreasonable about your request for them not to be on social media or advertising. I think you are being unreasonable about asking for the sessions to be paid for as an apology. The way you’ve worded it in your OP it makes it sound like you’ll only be okay with it if you’re financially reimbursed.

Not a red herring as it works in the same way to modelling. If they are using the pictures as advertising material then op has the right to ask for money. I used to be a model and no way would I ever have let anyone take my pictures for promotional material without being paid. It reminds me of the ‘low budget’ brands who couldn’t afford models, yet wanted the models to work all day for free in return for free “exposure” without any financial benefit to the model…. all so that the company could benefit from the sales from using the advertising material while the poor model never saw a penny. It’s exploitative.

It’s not op’s problem if they’re struggling financially, they shouldn’t be using promotional pictures for free, especially without even obtaining parental permission!

If your background - like mine - is in advertising why are you asking? You know very well you can sue the pants off them.

And not just for £100. Your child's privacy is worth more than that.

YANBU to say his image can’t be used. I am surprised they would use it, every sports club my children belong to asks us to sign a waiver on the use of photos, if you don’t sign then they don’t use them. I am assuming you never signed a consent form for them to use his image.

YABU to ask for compensation.

Some may be like that, I;m not doubting you. Not all though. I am fairly surprised, as most round here are quite hot on keeping privacy for children.

I have HE'd at one point and would again if circs were right, but asked to leave FB groups when child rejoined school. I think they don't want LA snooping - that's my guess, and safeguarding.

Actually the licensing will typically belong to the photographer (how else can they make a living) and not the subject if taken at a live event. It's a common misconception.
HOWEVER participants will have signed a disclaimer and if you had asked for your child's image not to be used commercially then it shouldn't have been.
It's quite bad they overlooked your request. But there's no way your child would get paid for that image, it doesn't work like that.

You have to give your consent in writing, and they can only use your child's image for the purposes you have agreed on.

You always have the right to withdraw consent.

Look at the club's Privacy Policy, and consider informing ICO if you are not satisfied.

Asking for money is not helpful.

Also further to my last reply on this post, they are using op’s child as a model so makes no difference! If someone is being used in promotional material then they are essentially modelling.
I don’t think you quite understand the legal implications of using images for promotional material. They legally have to ask the parent to sign a release stating they give permission for use of the pictures for promotional material. The release should also state how long they intend to use those pictures and where they intend to use them. So they should not be using ANY child whether or not the op consented, they should always obtain signed permission.

Op has every right to ask for payment and the pictures should not have been used for promotional material without obtaining a signed release from the parent stating that the pictures are to be used for promotional use. As I said earlier, not op’s problem if they cannot financially afford to pay. It’s not just large brands who should be paying for promotional material, any setup wanting to use pictures for promotional material should be paying otherwise it becomes exploitative.

DO school photos remain the copyright of the photography firm? Could they be used without parental consent (e.g. photo on news if child com,its crime)?

You don't get any permission slips with their forms.

Slightly different to OP's question but came up in a recent thread about the Southport case and photos in the media.

For those of you wondering for sports events whether small and local or international there are 2 forms of accreditation as a photographer: commercial and editorial. Commercial pictures can be sold to participants and sometimes the public and be used for advertising.

Editorial are for the press, including online publications.

In neither scenario are the athletes young or old, famous or not, entitled to any compensation. Normally as part of the waiver they sign to take part in the event, they agree to their image being used for the above purposes.

OP if such t&cs were not in your registration documents, and the club had been informed of your refusal to use images for commercial purposes, and had accepted this, then they shouldn't be used for advertising.
Your child would not be entitled to compensation even if you had given permission for the commercial use though.

Really depends on the reason you want them removed! Because he wasn’t paid or because you don’t want images of your kids everywhere? Make your mind up!