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.

A few years ago my sister’s husband ended up in a music video and he absolutely hated it. Unless they went down the legal route I don’t think was anything they could have done about it.

She said she explicitly told them in writing not to use his photo for commercial purposes. Why not just read the thread instead of asking the same thing multiple times?

You need to check the terms of the tournament. DD competes in two sports and for both sports, on every tournament registration page, there is a clause saying by competing you agree to photos being taken and used for publicity.

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

no. She wants compensation for the club breaking the law and using the image. And for it not to happen next time.

Those type of banners cost at least £100 each plus the costs of the photographer.

Asking to take them all down is taking a far bigger stand than £100 of holiday club.

Consent and payment are variations on a theme. The point is the OP should have been given the choice.

I don't put my kids on SM either but I allow printed materials for local use - it's not permanent or visible worldwide like a digital image. If someone wants to pay then even better!

Why shouldn't she ask for compensation? They are using her kids photos for commercial purposes and she had told them not to. Of course she should ask for compensation if they are not willing to remove the images and even if they do remove them then she has every right to be compensated for the use of the images.

Yes she did indeed do this. However the most recent consent given for this specific event might have included allowing the photos used in advertising as well. In which case yes the club I guess could have double checked with OP if it's ok to use the images since she has previously declined. But it is possible by giving the consent now that the club has actually done nothing wrong here.

Schools, hospitals and guides aren't using the photos to make them money... Even so I would find it annoying if I was the only black person in a group and they used my photo for everything. Less annoying if it's a variety of people shown

Various issues - once you have taken a payment they may be able to sell the image on, then you've lost all control of it. If it appears on private premises, it's a civil matter but you are within your rights to have it removed completely. However, if it appears on the internet, social media, press, an actual paid for poster site etc then the Advertising Standards Authority can deal with it. I'd get in touch with them anyway, but as others have said, once you start asking for money you've really lost any chance to put a complete stop to it and may have lost your rights completely.

What do you want - the money or the rights over the image?

Totally agree!

Also just to address posters' comments about crowd scenes etc., where its a big mass of people walking in, say, a street, or at a football match, because people cannot be easily identified from the image its not considered an issue. But if the person's face is clear - say large enough to be seen independently from the crowd - then consent is required.

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.

No you aren't. You are entitled to object, to ask for the use to cease totally and to ask for damage/compensation on behalf of your child.

There are a number of legal issues here:
including advertisers are prohibited from using the image of a person without their consent; invasion of privacy and data protection.

There are a number of lawyers who specialise in this kind of thing who can help you.

Just to add (regarding your request for £100), that if I was doing this, I would start with looking at the extent of the use - so if photographs are being used online - how many, what sites, what size and if physically on ads again where how many what size and the extent of the intrusion.

No. They shouldn't have used his image at all without consent. However, it's very normal for schools and clubs to use their pupils/attendees for free without payment. My kids ' private school has banners of the pupils marketing it all the time, and no money is paid. The parents and kids usually love it. The difference is that they have given consent when they joined - if they didn't, their image isn't used. I agree that you have muddied the watets by asking for them to pay you to use his image. They were wrong to use it when you had denied permission previously but if you care enough about it, you need to stick to that and tell them to take the image down (and report if you want it taken further, I think it's the ICO under GDPR but someone may be able to correct me).

This is a good point.

The two issues are separate.

Firstly, they have no right to use his image for marketing without consent and you can get everything taken down including the FB posts.

Secondly if they want to use his image you can ask for payment.

I think you need to decide what your position is and then be clearer with the organisations involved.

@Frostynoman any chance you could post the link? Asking for a friend!

This is grim, do they not allow children to decline?

I am surprised about this because it is normally possible to withdraw consent for children, so I don't understand how this can be enforceable.

your child wants to take part in this sport - not being able to do so without ending up on a 6ft banner is totally inappropriate

It should be the default that children's images aren't permitted to be used for commercial purposes or uploaded to social media without parental consent. Kids should be able to go about their lives and enjoy their clubs without the whole world being able to intrude on it.

I voted YABU because of you asking for money. That implies you’re fine with his photo as long as you’re paid for it which contradicts what you’re saying.

However YANBU if you were to demand they remove him from the advert and to be angry that they used his photo without consent.

This is only relevant if the advertising banner was made by the tournament company.

Agreeing to the tournament T&Cs doesn’t give the club permission to use the child’s likeness.

Both, surely?

And what’s wrong with that?

Anyone can assign a value to their likeness - I don’t understand why so many posters (not you) are judging the OP for this.

The very fact that her child’s photo was used over any others gives it an intrinsic value.

People seem to think it’s grabby or something, when it’s just sensible. This is a business not a charity or a hospital.

Absolutely not. I don't want my children on TV or huge banners and have deliberately posted very little about them online. If they decide as adults they wish to do this they can do as it's then there choice.

I totally agree with this.