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.

But is she "making a stand against the use of her child's image without consent" or is she making a stand against the use of her child's image without payment?

If it's the former then why wouldn't simply insisting they take it down be making enough of a stand?

It’s literally 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.”

Yes, check the paperwork and see what you actually signed.

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.”

Yes. Agree with this

Not true. No child is paid for being on school websites or promotional material. Patients in hospital are not paid for their image being used. Same for girl guiding etc They do need consent from the patient or parent though. Have you checked whether you ticked the consent box when you did the original paperwork for the club?

Because it’s now been used.

Unless the company can turn back time and not use it, they should pay for its use - either up to now and continuing from now (if OP agrees to the continued use) or just up to now.

A £100 free place at holiday camps (which actually costs the club less) is a tiny amount to pay for the use of an image. Far less than the fines and/or compensation that could be owed if the OP sues, and probably less than the cost of getting a new poster made.

There are two things here.

One- you don’t wish to have any images of your children on ant social media or advertising.

Two- if your child was a model, they would have remuneration for the work they do in modelling.

If you don’t wish your child’s image to be anywhere, ask them to remove the poster, because it’s not following the criteria you set for the club. You’ve stated that you ask schools and activity venues not to use images of your children and as long as you continue to follow that policy and make it clear to all schools and out of school activities, surely there’s no problem with that and they should all respect your wishes.

Your child would no doubt be paid if they were modelling, but they aren’t modelling, they’re appearing on a poster you don’t want them to appear on, so it goes against your philosophy to ask for payment for something you e said specifically that you do t want.

I think that you can have one thing, or the other. You can have the images removed and no further ones used, or you can accept payment, which means that you’re tacitly accepting the use of the image for advertising and promotional purposes.

I’m not clear if this is before or after the poster went up.

Agh I'd be livid!! And asking for all imagery to be promptly removed regardless of renumeration.

Yes it is. Note the use of ‘previously’ with regards to the email stating no permission for commercial use of image and ‘now’ referring to the poster being made and put up.

Their image has been used for commercial purposes without consent.

I would have said YANBU until you asked for payment. You changed the reason you objected rather than simply forwarding previous communications where you have expressly not gave permission and asked for the ad to be removed. You will find it harder now you have basically said wel it's OK long as he gets paid

https://www.pauldavidsmith.co.uk/photographers-rights/

I'm confused, I understood from OPs original post that she gave her consent for photos from this tournament to be used?
I thought it is generally known as long as you have given consent that the photos might end up advertising the activity in question.

Have not read through all the posts and I agreed with you till you mentioned £100 that makes you just as bad as them, you say your child is in a minority and you don't want their photo shared but then when you saw it had happened you let it go fair enough but for you to be ok about it when your wanting money out of them?

I was with you until you asked for compensation.

This is the issue.

OP has now confirmed that it's not about privacy.

She thinks her kids images are "valuable" and are fine to be used....as long as they are paid.

And forgot to add ^^^ (and for some reason can't edit) regards the compensation - it wasn't a photoshoot so in this case it's quite common practice for the images to be used for free.

The OP said that she had previously emailed the club saying that her DCs photo shouldn't be used for commercial purposes. It's there, in writing, so the club shouldn't have made a great big banner out of a photo of her DC!

I understood your point following your first post but given you have now asked for money I no longer understand your point. I am assuming this would be ok if they paid you for the use of images?

She needs to check the small print of the club photo policies. All the clubs I've been involved in say any photos taken can be used for marketing the club (or words to that effect) and you have to opt out if you don't agree with this. If the op didn't opt out the club are doing nothing wrong, she's being grabby.

I was with you until….. actually I want money.

You either consent to images being used or you don’t.

You seem to be saying…. I don’t consent unless it’s for financial gain.

Same.

That is your personal situation.
But the club have no idea why a parent ticks the box to say no images. They may be estranged from a violent parent for all they know.

Ticking the box to say no images should be respected without fail as it's a massive safeguarding risk not to.

I personally would be taking them to task on it for that reason because they clearly have no clue about gdpr or safeguarding and they shouldn't be running a club if that's the case.