to want pics of my baby off a third party business page

(192 Posts)
LadyGranulomaFortesque Fri 10-May-13 13:35:02

We attended a 1st birthday party last year and unbeknownst to me, one of the people there was in the process of setting up a photography business. I had no idea she was even taking pictures but a friend has just messaged me to say there are a few pics of my then six month old baby being used as promotion on her business Facebook page.

I am fuming - she didn't even ask even though she is a friend of a friend. I keep all of my pictures private and apart from a little cameo of me and my son together in my profile pic, there are NO pictures of him on Facebook and even pics of me are mostly private (I am weird like that).

I realise she took the pictures (covertly as today is the first time i have seen them) and I have sent her a polite message to take them down. Anyone have any idea where I stand legally if she refuses. I am so not happy about my little man being used as advertising for someone else's business. I feel like our privacy has been violated when I am normally so careful.

LimitedEditionLady Fri 10-May-13 15:08:29

Id be absolutely livid.fuming.if that woman had used my childs picture without asking she would wish she hadnt.i hate it when people put pics even on bloody facebook without asking.dont do facebook.no no no.and no.id be going bonkers telling her to get it done RIGHT NOW.

CSIJanner Fri 10-May-13 15:10:12

*Genuine question.
What is theproblem. Why is it such a huge issue?
A couple of a6 month old baby takena year or so ago. *

The photographer did not ask for parental permission. That's what's wrong full stop. Many schools do not allow photographs of their students due to protection issues. I'm not saying that's the case here at all as LadyG has made it clear its because of privacy, but the photographer didn't know if the parent had been in a DV relationship and had relocated for the families safety, or if the children were part of a contested adoption for example.

As it was a private party and without specific parental permission, the picture should not be used, more importantly it should not be used with his full name underneath.

And I agree with Fenton - if she can answer emails and FB, then she can remove the photos. She should start with removing his name from her website.

JenaiMorris Fri 10-May-13 15:24:52

I have no issue at all with photographs of my child being published. We're not in hiding or anything, he's not a secret and there's nothing anyone could do with those pictures that could harm him.

However it was astonishingly rude and bloody stupid of this photographer to use pictures without your permission.

Get some legal advice. Because I'm not at all bothered about photos being public but I would be bothered about the cheeky cow using my child as a free model, I'd say she could continue to use the photographs in return for a fee.

As you are bothered, then she should remove them.

I'd also ask for some prints of any particularly good shots, as a gesture of good will. And soft copies.

LadyGranulomaFortesque Fri 10-May-13 15:28:47

I will wait until she returns from holiday as she might just be on FB on her phone and I don't want to make it too difficult. It also runs deeper than just Facebook now - we have Pinterest, her own business website, photography directories and business sites and even Google images now, so there has been a systematic violation and it is going to take time to deal with. That's what I've found so far, all screen dumped with my lovely baby circled.

I am very angry but I will give her more time to sort it out, simply (and only) because she is the friend of a long-term friend and I can't think of anything worse than all out war at the minute. We will take the polite route, hope she realises her grave mistake and removes ALL images and identifying features and say no more about it other than don't do it again. We personally are not friends but I would prefer to avoid conflict if possible. If she doesn't just take everything down and apologise, then we will have a serious problem, friends or no friends.

SirBoobAlot Fri 10-May-13 15:31:55

Yes she was silly and rude, but really all these suggestions of ruining her business are OTT.

If she's on holiday, she may only have access via phone, or it may be an automated message.

Allow her the opportunity to rectify things before completely exploding.

Susandeath Fri 10-May-13 17:06:05

Some children are under child protection orders, or your child might be adopted. These children are not allowed to have pictures published in newspapers or on the internet. She must take the photo's down when you request - I am very pissed off on your behalf!

AvonCallingBarksdale Fri 10-May-13 17:14:42

I post quite a lot of photos of the DC on t'internet when I choose to and I'm quite relaxed about this. However, I would be fuming if I was you. She's printed his name?! Totally unprofessional, let alone publishing photos without asking you!! YADNBU

Maggie111 Fri 10-May-13 17:16:36

She's been naive and stupid but I don't think she's intentionally trying to sneaky. I'm convinced once she finds out it's a problem she'll remove them as quick as she can.

Don't stress yourself out about thinking "what if" she wont - it's very unlikely.

MrsSpagBol Fri 10-May-13 17:16:44

sirboobalot I hate that you are minimising this!!!

Have you not read the previous posts detailing why some children need to be protected from this rckless behaviour for reasons of safety, as well as privacy.

"Silly and rude" is trivialising a huge, huge mistake.

If she is so serious about her business why didn't she do the proper research into what she is and is not allowed to do, like any normal person starting a business?

In what world would a grown adult think it is ok to post pics of someone else's child without the express permission of the parents? It takes 2 seconds to google the issue and "model release form" comes up about a zillion times on a basic search.

Safety issues aside, did she REALLY think she wouldn't have to pay any promotion costs?! Why does she think other people have to pay for models, logos and images etc etc for their busness websites for?

I hate it when people try to justify the unjustifiable.

If she can reply that she is on holiday she can get sufficient internet access to take the pics down. Her response was beyond flippant.

i agree mrsspagbol

Lilka Fri 10-May-13 17:29:39

Facebook's policy is that parents can request the removal of any photos which show their child, as long as that child is under 13.

So report to Facebook and the pictures will be removed for you, thank goodness

My children are adopted and I find this behaviour totally out of order and reckless. And unjustifiable.

MrsS - I don't think that's what SirBoob was doing. She is probably right too - it's much more likely the photographer is a thoughtless person than a malicious one, and highly possible the response may have been some variety of automated one.

Yes, she's fortunate that the only harm done was raising the OP's stress levels rather than causing a CP issue, but why not allow her time to learn from the mistake and make amends. It could well be she didn't bother with permission as a) she was hoping for some free promotion and b) doesn't understand the rationale behind it.

Of course, if she is an arse about the problem when she does return from holiday then yes, at that point 'name and shame' is fair enough.

MrsSpagBol Fri 10-May-13 17:48:42

Moonlight we cannot prove that the email was an automated response as neither of us have seen it. You also can't tell me that SirBoob is "probably right" as we don't know the photographer and I assume you don't either.

I also never said she was malicious anywhere.

Nor did I say name and shame was the only action to be taken. i just felt that SirBob didn't think the issue was that serious. I, on the other hand, think it isvery serious. Calling it "silly and rude" is minimalistic. I prefer "reckless and irresponsible" as that is my view.

As for "hoping for some free promotion" - that is even more ridiculous. If you want free promotion, you ask for it. You don't run a business by just "hoping" or by "not understanding the rationale behind" something that is bloody obvious to the average person!

I feel very strongly about this (can you tell?!) because I have started my own business and faced the issue of start up costs etc but I didn't just "hope" for anything - I went to great lengths to try to educate myself about the rules and regs of my industry. Eg I didn't just think well I'll mislabel or not label my food because it's an extra expense for me and i'll just "hope" no one has a food allergy hmm.

Anyway seems OP has decided on a way forward.

ThreadPirateFanjoBeard Fri 10-May-13 17:53:18

Theoretically, you could also ask for payment for the use of your son's image for commercial purposes since you didn't sign a release form... I bet your DS is EVER so expensive. Joking aside, this isn't about copyright it's permission to use a photo of a child for advertising. She needs permission and hasn't sought it. She has also named your child without your permission. I would say if it's not down within 24 hours you will consult a lawyer. I would also be tempted to put a note on pinterest and anywhere else stating that you didnt do a shoot and haven't given permission. Bear in mind pinterest images can be repinned by people, she is o wry dodgy ground here.

ThreadPirateFanjoBeard Fri 10-May-13 17:54:13

*on very

CloudsAndTrees Fri 10-May-13 18:02:46

I am outraged on your behalf and I think you need to report the pictures to Facebook and Pinterest.

She could do it from holiday if she wanted to. Any decent person that realised they had acted in such an unprofessional and violating way would make time to sort it out. She can't be in that far flung a destination if she responded to your email, so if she had any respect for you and your child she would do it now.

You are being remarkably calm, well done you! In your position I'd be linking to the website, Pinterest and FB pages and asking MN to bombard them all.

JenaiMorris Fri 10-May-13 18:41:50

But there are no child protection issues! The 'what ifs' don't apply here. The photographer was unwise - it probably didn't even cross her mind that this could be serious. Which is foolish, but not a hanging offence.

SirBoob is being eminently reasonable.

Aside from the privacy issue, which is the one the OP is bothered about, this is also clearly false advertising as the photo is being presented as if it was taken on request as a "portrait"...

IneedAsockamnesty Fri 10-May-13 18:59:46

I would be fuming seriously fuming.

And yes it is against the law to use them in the way she has.

bionic77 Fri 10-May-13 19:04:12

This is an invasion of privacy so you could email her back and ask her to remove them within X time period. If she fails to do so tell her you'll complete I think it is an N16a form available from the County Court and you'll lodge a claim against her. This will probably focus her attention sufficiently to address the issue.

If you did have to lodge a claim it would cost you about £40 but you would get this back if your claim was successful.

Obviously you want to negotiate this amicably not only because she is a friend of a friend.

Wibblypiglikesbananas Fri 10-May-13 19:12:19

I would be livid, she sounds ridiculously naive and completely unprofessional.

I would email her, and post on her FB page, demanding that she remove the pictures she covertly took of your DC as you have NEVER, at any time, granted her permission to use them for any purpose whatsoever.

I would also report the pictures to FB and ask that they are removed.

I have no idea re the legalities here, but should she refuse to remove them, I'd be looking at getting a solicitor involved.

I'd also get in touch with the friend who held the party as there may be other people in the same position as you - does this friend even know her child's party was used in this way? It reflects badly on them even if they didn't.

Finally - never mind that she's on holiday. Get in touch today. If it's riled you enough to post on here, you shouldn't wait.

MrsSpagBol Fri 10-May-13 19:26:06

JenaiMorris - are you actually serious!

"The photographer was unwise - it probably didn't even cross her mind that this could be serious. "

REALLY?! Then what did cross her mind when she set up a PHOTOGRAPHY BUSINESS?!

I can't bear the minimising!!

RainyAfternoon Fri 10-May-13 19:27:44

Unfortunately, if you want to have some control over how far these pictures are spread you really do need to act immediately. Pinterest pictures can be downloaded by anyone, so the longer they are up there the more people will potentially pin them to their own boards. So after a little bit it will be impossible to delete all of the photos on the Internet. I would get back in touch and explain that as you don't want to risk strangers downloading a photo of your baby you need her to take them down immediately. Good luck.

AitchTwoOhOneTwo Fri 10-May-13 19:38:46

i can't bear the over-reacting, tbh.

the OP is being perfectly reasonable, of course. the photographer woman is wildly in the wrong, and should be taking this very seriously, but all talk of ruining her business is vindictive and nutty, when there are no CP issues etc. Doing this could have caused problems for a victim of domestic violence, but that's not what's happening here.

Like i say, the woman is wildly in the wrong... but you do have to give her a chance to sort it.

AitchTwoOhOneTwo Fri 10-May-13 19:39:27

I would report to FB and Pinterest, though.

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