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.

This happened to me - but with a big advertiser on a national campaign - and we’d ticked the do no consent box. They gave me a load of money!

Yep, this.

Total drama, for no reason.

Seems like your child should go into modelling in your area and be paid for it!

I work with kids and do sometimes have photographers in to shoot for our promotional material. We always get parents permission before the start. And our photographers are always very professional too. Safeguarding is a huge concern so we check and double check images to make sure no child whose parents didn't sign appears. I'm surprised that nobody - the photographer, the person who booked the photographer or the person hosting the event didn't pick this up. It also wouldn't occur to pay anyone.

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.

I disagree. I wasn’t happy. If in the first place they’d have offered the money I’d have said no. But they did it anyway so the least they could do is pay me for it. Otherwise there’s no penalty for just doing what the hell they want with our images for commercial gain.

Basically you want some dosh. Why dress it up as some sort of moral and principled outrage.

It’s in the first post:

“I had previously emailed them (about 3 months ago) letting them know my children's images cannot be used for commercial purposes.”

Even if she had ticked a box or signed T&Cs to agree to commercial use previously, that email is her withdrawing consent and is the current legal standing.

Photographers hold the copyright but models retain their image rights. Both must be licensed, with or without renumeration, and with whatever restrictions on usage, territory and length of term required.

All media, worldwide, in perpetuity being the least restrictive assignation.

You must surely have signed a consent when they joined the club….? Either you consented, in which case you are being grabby and should have read the contract properly at the time, or you didn’t, in which case they shouldn’t be using the image at all, and you should be asking to have it removed not for money.

I don’t generally put my DS on social media. He is currently on billboards and bus advertising and we didn’t ask for a penny because DS has disabilities and I think it’s really important for as many people as possible to see that disabled children benefit from the thing the ad is for. They aren’t exploiting him for his disability, they are showing other families of disabled kids that this thing is for them. That would be a more charitable way to look at your DC’s club too - if they are in an ethnic minority then their use in the ad shows people of ethnic minorities that a sport or club they may not have considered is for them too?

Asking for your child to be remunerated for the use of their images, or for them to be removed is in no way ‘fucking it up’.

Commercial organisations (operating in the community, or internationally) should follow the local data privacy rules. Breach of such rules should be resolved. OP is stating that they would only consider giving consent if this was a paid / remunerated opportunity, which is perfectly fair.

In another world where this child was living in protected circumstances, the use of these images without prior consent could seriously jeopardise the safety of the child and / or their parent.

They have broken the law
https://www.justanswer.co.uk/law/d8web-photo-used-advertisement-without.html

Send recorded delivery a letter containing the following:

Copies of the letters you have written

Require proof that the offending advert is removed within 24 hours of receipt

Demand a full refund of all the fees you have ever paid, plus a 100% uplift as compensation

Inform them that you are leaving the club

Warn them that failure to pay within ten working days will result in a court case

Report them to their professional body, and the local TSO, and write a one-star review on Trustpilot, Google, any local review sites

How bloody irresponsible of them. If this had been a looked after child and they plastered their image everywhere there could be serious consequences. both for the child, foster parents and the school.

When I was a child my mother, sibling and I were in a police safe house for several weeks to ensure my father couldn't find us, he was considered such a risk to us. Small town and not many primary schools so wouldn't have taken long or him t o spot a massive banner with our faces on it.

It's ridiculous they did this without parental / guardian consent. Not sure i'd be chasing for compensation but more to ram home the safeguarding issues.

Did you sign a privacy agreement when you signed up? All schools and clubs have them now which means if you don’t agree to your child’s photo being taken then it won’t be. If you didn’t sign to opt in then the club has broken a contract. If you didn’t tell them then that’s on you.

As for making money, what is the club? Our local cricket and rugby clubs are always running at a loss, it’s run by volunteers and heavily supported by the parents. It doesn’t sound like it’s the same.

Either way, I think it’s fine for you to ask them to take it down but also make sure you have opted to have your child removed from all photographs in the future. Easy.

I suspect the answer is yes. That’s why OP is chancing her arm trying to get paid by taking the ‘principled’ stance. It has a whiff of old ‘compo’ vibe about it.

You are not overthinking it, they need your consent as his parent. Did you sign a waiver allowing them to use his image?

• The Data Protection Act 1998 requires consent for recording or photographing children for other than private use.

You can report this to the Information Commissioner's Office (ICO). The Information Commissioner's Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals. https://ico.org.uk/

I'll ask again as u can't see that you've answered previous posters.... Did you tick or sign any waivers re your child's photo being taken or used at any point ?
If so, what did it say the image could be used for?
This is key here

Well she said she basically let it slide when pictures were used on socials but when a banner appeared she suddenly wanted money.

So I think it’s that part we would find interesting

This.

Either you don't want your kids image used or you don't mind as long as they pay you. Make up your mind

No one who works in advertising is doing this for £100. That’s a tiny amount of money - and she isn’t even asking for cash, she’s asking for the club to give her a free spot at a holiday club - so costing the club even less.

She is, quite rightly, making a stand against the use of her child’s
image without consent.

The commercial use of someone’s image requires permission - she denied that permission by email 3 months ago. They used it anyway.

It would likely cost them a lot more to take down the posters and reprint, and she could still sue for the use without permission - again, costing them a lot more in compensation and fines.

This isn’t about money, it’s about not allowing a business to flout the law, and about taking a stand to protect the value of image rights.

You can make different choices for your children, but don’t shame the OP for protecting hers.

But you don't want him to be a photography model do you? Unless I've misunderstood the issue is that you don't want his image to appear on social media or anywhere public. In which case, I don't understand why you're asking for money instead of insisting they take the image down.

I think it would’ve made sense and is perfectly acceptable to complain about the photo being used and asked to be taken down on ethical and principals. 100%. But the minute you ask for compensation it spoils it.

You seem to have missed the sentence in the first post where she emailed to explicitly refuse consent for use for commercial purposes - 3 months before the posters appeared.

Social media posts are arguably also commercial, and perhaps letting it slide was a mistake - but now it has escalated, she is entitled to enforce the rights the law affords her.

Yes, do that rather than have a civilised discussion about the situation, how you feel and possible remedies

Very sensible proportionate course of action

I am obviously far too chill about stuf.

when ds was little in baby swim the teacher said one week that the following week a photographer was going to be there for some promo shots I assume our presence in the lesson was us providing consent I thought id done a great job of dodging him but nope 7 YEARS latee my little darling's angelic baby face beams out from their website while I've got my eyes closed and a double chin. Recently they've now got 5ft cardboard ads with us on across various sites which my husband think is hilarious as he says hes married to a swimwear model.

That should have warranted some free classes surely.......

When you signed up for the club, did you read the terms and conditions and did you inadvertently click on yiu agreeing for photos to be used? Before making a fuss, I’d check the paperwork from when you signed up