Company using a picture of my child to promote their company.

[FortyFacedFuckers]

Can anyone tell me how to deal with this, long story short a company has taken a picture of my child from a friends Facebook page and is using it to promote their company.
The were using the pic on their website home page but my friend contacted them and they eventually (weeks later) removed it but they are continuing to use it on Facebook and are sharing it to promote an upcoming event.

How do I stop this?

threaten legal action. The picture is yours, your copyright. I am sure that even if it is posted on Facebook a third party does not have the right to dowload it and use it.

Alsp, get onto their facebook site and post on it 3 times per day:

You are using a photot of my child without permission, please remove it.
It will be very bad publicity for them and they shoudl eventually take it down.

Sorry, that is all gut reaction as I don't know the legal route.

Hi thank you for your reply we were threatening them with legal action which is why they eventually removed it from the website but they will not remove it from facebook and are sharing it again.

They have blocked my friend from their page and I am not on facebook but someone else actually shared a recent post the company have made and it was again a picture of my son.

Report it to Facebook. It's very easy to do from the post. They should then act.

Who took the picture? They own the copyright and can take legal action. A cease and desist letter from a solicitor shouldn't cost a lot.

It is so frustrating as not only should they not be stealing pictures, or using pictures of a child without permission but my son is nothing at all to do with this company so I don't see how they can get away with using this picture and making out we are part of or endorsing them in some way.

Thank you, I don't have facebook I will create an account and try that.

My friend took the picture of him and put it on her page (which I didn't mind) and the company has saved it from her page.

Thank you I will look into a cease and desist letter.

"Report the photo starting with the "I don't like this photo" and then "other" then the selection that says "I think this is an unauthorized use of my intellectual property". Make sure these are actually photos you own the copyright for (Photos you took, not someone else's photos that you're using.)"

two prongs of attack. One by the copyright owner of the photograph to both Facebook and to the trading address of the company.
Second by you as parent confirming that you have not granted parental consent for use of the image of your child. Iimportant question - where was the photo taken? Public or private land? if private, state that in your letter and assert your child's right to privacy. If it was taken at a public event / in a public place, you have less of a claim on this one

Thank you for the advice.

It was taken in a public park but they way they are posting makes it look like we were at their company

From the giver of a talk on internet safety at my ds's school: apparently, Facebook acquire copyright of any photos posted there. Buried in the terms and conditions. I think they can do with them what they want.

that old chestnut... Facebook acquire a limited copyright licence which enables them to provide the service that they do. In order to operate, they have to have a copyright licence to make the photo available to the public (post it), to licence to third parties (enable users to share it) etc etc. It's similar to MN's copyright in your posts. They don't get the right to take a photo of someone's child and sell it to a business to promote their product.

Mumsnut This is not facebook sharing it though, this is a random company!

For the future: your friend needs to sort out her privacy settings.

There are two issues here. Infringement of the copyright of the photographer & infringement of copyright of the child for using their image for commercial purposes without a model release form.

Model release forms are only required for commercial purposes, the photographer owns the copyright & can use a photo without a model release form for artistic purposes.

So if I were you I would send a cease & sexist letter by registered post to the companies physical address & if they don't take it down consult a solicitor.

Additionally to the advice I I've been given about Facebook, I'd start a google, yelp, trip advisor if relevant, whatever account and explain exactly why has happened. I would never use a company that was so dishonest

You've been given

Thanks for all the advice

To clarify I don't have a problem with my sons picture being on Facebook my issue is this company "stealing it" and using it to promote/advertise their company when my son is nothing to do with this company & was not at the company when the picture was taken.

I think both your friend as the photographer holding the copyright of the photo & yiubas the parent holding the copyright of your child's image should send a solicitor's letter.

Genuine companies pay the photographer & the models. These are definately breaking the law.

You can't hold a copyright of a person.

Rights of personality are a thing in some countries but doesn't seem to be in the UK

If you open a Facebook account you can report the photo if the child is under 13 and say the photo is being used without parental consent and it'll be removed.

olderthanyouthink is correct. You do not hold any copyright in your own image. The photographer is the only copyright holder in this case. She should get Facebook to remove the photo. She should also send a letter to the company telling them to stop using the photo and stating that she will take legal action against them for breach of copyright if they use it again.

Section 85

(1)A person who for private and domestic purposes commissions the taking of a photograph or the making of a film has, where copyright subsists in the resulting work, the right not to have—
(a) copies of the work issued to the public,
(b) the work exhibited or shown in public, or
(c) the work [F1communicated to the public]; and, except as mentioned in subsection (2), a person who does or authorises the doing of any of those acts infringes that right.
(2)The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a)section 31 (incidental inclusion of work in an artistic work, film [F2or broadcast]);
(b)section 45 (parliamentary and judicial proceedings);
(c)section 46 (Royal Commissions and statutory inquiries);
(d)section 50 (acts done under statutory authority);
(e)[F3section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)].

www.gov.uk/government/uploads/system/uploads/attachment_data/file/481194/c-notice-201401.pdf

The photograph was not commissioned. It was taken in a public place.