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.

I don’t agree at all with the
using your sons photo. I would just double check about permissions and contracts for being part of the club. If you have specifically asked then they are in breech of regulations covering this.

Where this fell down a bit for me was you asking for remuneration. So you don’t mind as long as they pay you?

Either you are against it and I would agree with this and it should be taken down or they keep it up and pay you. You can’t have it both ways.

Honestly if it really bothered you that much and you are that against it then it wouldn’t be about money.

It isn't really. A lot of people sign image releases and don't get paid.

But the point is:

do you object to people your child's image online

OR

do you object to people using your child's image online without payment.

There is a not very subtle difference!

I also note your comment that their looks make them marketable. Naturally.

Given that my picture has ended up on a flyer for a running race, I doubt it has anything to do with their looks and simply that the photo was the first one they came across when looking for one.

Absolutely not being unreasonable. Using your child's images without asking, getting your consent or paying to promote their thing, is NOT ON.

You don't want your child's image used UNLESS you get something for it??

Yes I agree.

Did you email the running race to explicitly state you did not give permission for your likeness to be used for commercial purposes?

No?

Not the same then.

You can have an issue with the image being used without permission online AND an issue with it being used without permission and payment.

Also, it seems the posters around town are the thing OP objects to currently - that’s also OK.

She has the right to consent or not consent to the use of her child’s likeness and impose any conditions she wants to - she owns the rights (on behalf of her child).

No one else gets to dictate the terms of the eir use but her (and any other adult with parental responsibility).

You might think she’s being precious, or has an over-inflated sense of her kid’s beauty or whatever other weird hang up you have over the use of the word ‘marketability’ but the law is very clear.

I think you have shot yourself in the foot somewhat by suggesting remuneration- you object to the picture being up unless...
But if you have properly said no socials, schools should not be putting them up- We get reminded on every school event not to share beyond family.

Having been involved in kids sport for a long long time now photography consent is usually in the small print when you sign up for the event.

Usually one of three things happen depending on the event rules if you do not consent.

1. your child cannot enter
2. you state you do not consent prior to the event.
3. after the event if 1 and 2 do not apply you email and ask for removal.

i have never heard of images being paid for use. Again it’s normally in the sign up t&c’s that copyright is the photographers, not the subject.

@Ferniefernfernfern what were the tournament entry conditions wrt photos?

I disagree.

They went ahead and used an image without looking for consent - that seems so ignorant that it beggars belief in this day and age.

They either take it down immediately or pay handsomely for its use.

She is not in contradiction - she wants action on the image.

they are being deliberate and obtuse.

You are correct they should not be used without your consent. I think you may have muddied the water by asking for payment though

That’s not true.

And she said it’s a private club. Could still be a non-profit.

Has anybody here, ever joined a kids club, school, or pretty much anything and not had a photography consent form?

chances are o/p has recieved this when she joined the club. It may be consent is implied unless you specifically disagree.

if a professional photographer has used these images I suspect there is consent somewhere in the club t&c’s.

Same meat, different gravy.

Unless the OP is in the habit of making her child pay £100 for these events himself.

It's going into her purse.

I definitely think the club should not have used the image without consent and it should be taken down due to this and I'm sure an apology would be given

I do think its sad that op would be ok with them using the image if compensated. It just feels greedy and grabby

The way I would see it if it was one of my kids sports teams (that we pay for them to attend, like op does this club) my kid gets so much out of engaging with this team and even if coaches do get paid, they also put a lot of their own time and effort into developing sessions and the kids, I am grateful for what they do, even if it is a service that I pay for.

I just feel asking for payment makes it awkward and mean spirited... understandable if privacy/safeguarding/personal concerns but that is not what this is

Maybe clubs should just not take photos at all for anything... Be that personal enjoyment for participants or for marketing, would certainly save a lot of agro in the long run.

Without your consent they can’t use your sons photo but you can’t expect the pay you for it. Either you don’t want it used and you insist it comes down or you to decide to let it go

Their actions are not only wrong in this instance but suggest that they don't take consent seriously. They could use compromising pictures of (for example) young women without seeking permission.

I'm a lawyer and you haven't made a mistake by asking for money. The damage is done and the advert is out there. Even if they take it down, you should be entitled to payment. They are separate issues.

At a public event though, which tournaments usually are, isn’t the copyright with the photographer?

and even if it isn’t public, isn’t it likely it will be in the clubs t&c’s an agreement about photography?

I’ve never had a kids club where the photography consent hasn’t been part of sign up. Never been to a tournament or comp where photography consent isn’t included when you enter.

Copyright is with the photographer, yes. But you should still have releases/consent (separate issues). OP says she didn't consent.

How rude are you.

You maybe can't understand this unless you're from a minority or mixed race family (though actually maybe you just need to have some humility to know that just because you haven't personally experienced something it doesn't make it false).

But it is absolutely a thing that minority children are displayed prominently in advertising material by companies wishing to demonstrate their "inclusiveness".

And unless companies have taken other specific steps towards inclusiveness this can feel hollow and cynical. Particularly where an image has used commercially both without consent and without payment.

I absolutely understand because my own children are mixed race. Which is why I find the OP's attitude of calling them "marketable" quite off-putting. I can only imagine this sentiment gets projected onto the children as well and they grow up up with a distorted image of their identity and self worth. Teaching minority or mixed-race children that their personal likeliness must be protected from exploitation from white people trying to portray faux diversity is not a healthy attitude to have.

The only true issue to consider would be safety. Mixed race kids are more easily identifiable so on that reason alone it's totally understandable that you won't want their photos in public.

I can only imagine this sentiment gets projected onto the children as well and they grow up up with a distorted image of their identity and self worth.

Weird thing to imagine. I would imagine that OP just wants to protect her children from being commercially exploited.

Teaching minority or mixed-race children that their personal likeliness must be protected from exploitation from white people trying to portray faux diversity is not a healthy attitude to have.

Couldn't disagree more. And furthermore, teaching minority children (as all children) that their parents will protect them until they're old enough to decide for themselves as to whether their image should be used commercially is good.

They should never use a child's photo without consent but I feel like a lot of people don't seem to understand how important marketing is to schools. Without marketing some school's wouldn't be able to stay open (this is true of state and private). Also being able to show day to day activities in photos is often crucial for creating community cohesion and helping families understand and support the school.
None of this excuses using a photo without permission but generally there's a very good reason why school's want to do so. It's not just unethical showing off.

Exactly this.

I totally get what you mean. I just think Facebook is a cesspit and I don’t share my child’s photos on there.
I’d actually have less issue if it was professional photos taken as a one off for a brochure or proper advert. But hundreds of photos of them playing, covered in their dinner, snotty noses, holding hands, looking tired sometimes. I think these are personal photos of their days, not for the whole of Facebook to see. I feel like it’s the equivalent of someone coming in my home and taking photos of all I’m doing that day. I’d be less bothered if it was in my office at my big corporate and might even agree to the photos.

Part of me also feels that it’s not up the adults to decide for children when their images are used and it shouldn’t be up to adults to use their images for gain.