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.

We had this as we are a mixed heritage family.
I actually had a major problem with the DS prep school.
He now works in a sensitive area of the CS so no images allowed. I don't police it anymore, they do. Makes me laugh because they were still trying to use his image ten plus years on.

Why on earth not? Their images are being used, by a private club they paid to join, in order to drive up sales.
How is this not a commercial transaction?

You're not overthinking it. They're really cheeky fuckers to do that.

However, asking for some kind of compensation is giving them the message that this is a commercial issue, rather than one to do with privacy, and they might take you less seriously because of it.

If you’ve specifically told the club that pictures of your child can’t be used for commercial purposes but they’ve used one in an advert that is a clear breach of data protection law. I’d write to them and remind them of your objection and point out this is a breach. I don’t think it’s unreasonable to ask for some sort of compensation such as a fee waiver, but you also need to be really clear about your expectations about photography of your kids going forward. You could also report this as a breach to the ICO who might decide to issue a fine or a public reprimand or both.

Either you are happy for your child(ren) to appear on social media or you aren't. Clearly you are happy for them to be on SM provided you get some cash.

Which is it? What exactly is your objection? You need to decide that before complaining.

I agree.

Why shouldn't they ask for money? That is what the point of using the picture is for - increase revenue for the club. So why shouldn't the OP ask for money for her child?

Usually we don't allow our children to appear on social media but decided to let it go

And this is where the problem stems from. When you signed up to the club, what did you say at that point about photo permissions? What did the small print say photos would be used for?

There are separate issues here. Firstly, if you haven’t consented for commercial purposes they are in a bit of trouble there and you should absolutely push on that and if you’re not happy ask for the media to be removed.

Like others I think you have muddied the water a bit by then asking for some remuneration. The process of agreeing use for photos is actually really complex and something like a big campaign would normally come with explicit consent and extra money if they’d used an agency. I’m experiencing this in a work context now as trying to change the use for a set of photos is potentially going to cost thousands in extra licensing fees and requires the individual consent of every model in the photos.

Why? OP isn’t suggesting she wants them to be models - she is saying she wants control over the use of their image.

I do the same with my children, and as they are growing up, they get to have more input into the decisions.

No need for an agent to take 30% of anything - OP works in a relevant field and can negotiate these low level situations herself.

It’s very simple - she gets to control how and where her kids’ image is used.

She said no photos, they took and used a photo without permission in a commercial setting.

This is breaking the law.

She has reaffirmed her refusal to give permission for this use and asked for compensation for the breach. It’s not rocket science.

There is nothing wrong with refusing permission or placing conditions on permission (eg renumeration or restricted usage). It’s all very standard in the professional advertising world. No excuse for any business to flout the law or try and pull a fast one.

I think given you had already asked that your son's pic not be used, you should have asked for it to be taken off social media when it was put on there right away.

I'd email back now and ask that the banner is not used and that they do not photograph your child again.

If I was the club I would not pay you for the photograph, I was just use a pic of another child who's parents dont want payment, or a photo of something more generic.

Personally I think you are being mean in your reasoning...if it was privacy or safeguarding issues that you had then fair enough but I think you are being greedy but that's just my opinion.. both my kids play team sports and I would never ask for payment for something like this, I support both their clubs and would either not want pictures of them at all or would be happy for them to be used for free

No, they've got a bloody cheek using his images without consent. Especially as he is a child. They are well aware that they shouldnt do that. If not, they damn well should be. I would read the them riot act frankly.

Usually permission is sought from parents for safeguarding / privacy concerns. The rights to the images belong to either the club or the photographer, depending on the contract. You don’t need permission / license to publish photos of people taken outside in public / community spaces. These sorts of clubs have huge overheads and, even when run for profit, are not hugely profitable. Normally it’s a source of pride to represent your club in a match or in marketing. All you will do is create a lot of confusion and a need to sure up the club’s terms and conditions to clarify that they don’t owe payment to people who start money grubbing.

They shouldn't have used it at all.

For any club or thing mu chikd has taken part in I always have to sign a declaration that I am happy for photos to be taken and used in promotional material. Have you signed anything like this?

I've known this to happen before, both here and abroad. It is ironic beyond words that companies want to capitalise on being 'inclusive' and do so by exploiting the image of the minoritised person.

She hasn’t muddied anything.

She works in the area and understands the law.

You are doing exactly what she has done - renegotiating terms. Difference is that the club doesn’t have any permissions - you are seeking to extend the permissions you have into different usage / territories.

Asking for / offering renumeration is just part of the negotiation.

Then they're doubly taking the piss!

My daughter was used in a massive college campaign we thought it was funny. Hard to see myself getting worked up about this one personally. They probably put a lot of time and effort into running this club, have paid a lot of money on printing costs and now you’re just causing them more problems and headaches. For the sake of £100 🤣

my husband runs a sports team if this happened he would probably send you the £100 and take you out of the club. Too much drama.

How does your child feel about it? If they’re happy then can’t you just be happy.

When you signed up for the club (regardless if it's fee paying or free) did you sign any paperwork? Within that paperwork, was there a section regarding photography? Or was there a box to tick to say you didn't want photos of your child to be used? You need to check this. You may not have thought you consented, but it's possible you signed paperwork, without realising, you actually did. The photographer will have copyright over any images they've taken, and can use them for whatever purposes. You need to check any forms you signed.

I think this is more complex for you than posters are saying.

It's a huge error and massively unreasonable to use a child's picture without consent.

Provided consent is given I imagine most parents I know IRL would be flattered by this and agree without payment...this is a local club, not Gap Kids! And I think your judgement is a bit skewed by your profession so at face value I do think you're over-thinking.

BUT...and I really hope I'm not over-thinking or offending here as not my intention...I think where the point has been missed is that your child is in a minority group. There are ethical implications around this and I don't think you're unreasonable in this regard. Im reading it (I really hope correctly) that you feel your child is being 'used' for their ethnicity and I can understand you feel strongly about this.

The reality is they have either just picked him at random, or they've chosen him to try to demonstrate diversity at the club, or have made a clumsy and in appropriate assumption that as someone in a minority group you should automatically see this as a good thing. However, whilst you shouldn't have to explain the implication of this to them, judging by the thread responses it may take more explaining to the club for them to 'get it' (if you do want to take it further). Personally I wouldn't. But it's very easy for me to say that as someone who isn't in a minority group.

You do if it’s used for commercial purposes - which an advertising banner is.

This isn’t the same as a few photos of the match being used in a newsletter or social media post about a tournament.

It’s not money grabbing to know the worth of your image. This isn’t a community or charity venture, it’s a private one. They might not be making mega bucks, but they are a business and advertising budgets should be factored into their operating costs.

Would your husband use the image of a child without parental permission?

If not then it’s not really the same situation.

OP hasn't actually said that she denied consent, she hasn't actually answered that question at all

OP, when you signed up to the club, did you tick the box granting permission for them to take and use images of your child or not?