Would you feel comfortable with your child's pictures being used for advertising purposes? read on please?

Question

This last weekend my daughters and I attended a birthday party that had a costumed character come visit. I was not notified that this character would be making a guest appearance at the party, along with a professional photographer. Now, I have caught wind that the parent (who hosted the party) has signed a waver with the character/photographer company allowing them (the company) to use any and all pictures taken at the party for promotional purposes- be it their website, advertising mailers, phonebook, newspaper, etc. I am upset because this parent did not check with me before signing this waver! MY kids are in almost all the pictures... I have 2 absolutely beautiful girls, and the thought of my daughters’ pictures being used where ever and whenever makes me very uncomfortable! I can’t approach this mother because she is so unbelievably sensitive, she would turn this into a fight, so I called the owner of the company and voiced my concerns..

Do you think I’m over reacting about my kid’s pictures being released without my permission, and the fact that this mother made no attempt to consult me (or anyone else) about the whole situation? Should I confront her? I guess it adds insult to injury that this mother is related to my family (my husbands side). Ugggg!! You don’t think I was out of line with calling the owner of the company? The owner was 100% understanding and made a note in the records to blur my kid’s pictures if they use the pictures for promotional purposes.

Answer 1

That mother cannot legally sign a waiver for any children other than her own. The only people who can sign a legal document for minors are the children's parents/legal guardians. That waiver wouldn't hold up in a court, and the company is aware of that. That is why they will blur your daughter's pictures. You are not overreacting. With all of the pedophiles and child abductors out there of course you don't want you daughter's pictures everywhere without permission! You should definitely approach the other mother, but do it in a way that she won't become defensive. Perhaps ask her if she knew that the photographs would be used for advertising (even though you know the answer). Then when she says yes, ask her why she didn't consult you and the other parents. Make sure that she understands that you are approaching her out of concern for your children's well being and that you are not in anyway judging her as a person. She is family, so she should want the best for your children too. Maybe she really didn't think it was a big deal, and she will learn from this.

Answer 2

I was in a situation JUST LIKE THIS back in May. My youngest son and my nephew both turned 3yrs within a week of each other and my in-laws threw a big family party. She had this local party company come. They brought big blow up bounce things, spin art a clown etc. When I got there, I saw a photographer and thought that my in-laws were getting PERSONAL pictures done, so I really didn't think anything of it. Then at the end of the party I heard my mother-in-law talking to another family member about the photos being taken for the companies party video/advertisement. When I heard, I wanted to flip. I didn't want my kids faces all over these videos/pictures that I have NO IDEA where they're going. It's a kids party company and there are a lot of wackos out there who would get this video for the wrong reasons.
I've known my husband since I was 16 (now 35) and my mother-in-law and I just...don't get along. At all. We fight constantly and I just wasn't in the mood to get into some big arguement over this with her.
I called the company Monday morning and explained my problem. They told me that the picture/video wavier was signed by the host of the party. I told her that I wasn't aware of the photographer and didn't feel comfortable with my kids pictures on anything, that I wanted the pictures sent to me and a copy of the video/advertisements when they came out. If for any reason my childrens faces were still in the video/advertisements, I would be speaking to a lawyer. They really didn't like that idea :)
I got the pictures a week later and the video came out about a week ago (there are pictures of the party, but none of them have kids in them) and they send me every ad.
You're not over reacting in anyway. Be firm and state your concerns.
Best Wishes =]

Answer 3

TOTALLY not over reacting. I would be very supset my self if i was in your situaton. People now days can take a beautiful picture of a child and turn into a porn photo by the click of a button. I Am not sure the lady had to tell you she did that but it would have been nice for her to let you know. Is there anyway you can call or write to them ppl requesting to not use your daughters pics b/c you had no idea. Or I would talk to a lawyer and get some adivice if you are very scared about it. I hope everything works out.

Answer 4

This is where the phrase"Evil Step Mother" comes from. Most women have the natural instinct to mother children, no matter who actually birthed them, but there are some who will reject any that have been borned to a woman who had a sexual encounter with their husband. It's all about jealousy, and it's wrong. Children don't choose the parents and shouldn't be punished for their parents mistakes. But it happens more than not and the parent who allows it should step up and protect them from abuse of a spouse.

Answer 5

I think it was wrong of the mother to do that. On all levels. Personally, if it had been made known to me that it was happening I would have been fine with my son's image being used, but without my notification- thats very VERY wrong.

I think you were the responsible one for contacting the company and not leaving it up to the woman who is obviously not a responsible adult.

Beyond that, the company cannot use images of any child without expressed permission from the parents, not just the party host. That bothers me most because if theyre shady about aquiring the photo's they'll be shady about how theyre used.

Answer 6

In Canada, the Federal/Provincial Privacy Laws would cause the waiver to be null and void...because EACH parent would have to sign one.

Contact the parents of each child involved and ask if they are aware of and approve of the situation. If not, you may have a (small) class action suit. In any case, my understanding of US Law (based on media reports and Legal dramas... ;) ), is that the PARENT and/or GUARDIAN of the child MUST sign a waiver for any image of their child to be used. The *only* exception to this (US Law) would be if the party had taken place in a truely *PUBLIC* place like a Civic/State/Federal park, etc

EDIT:
Blurred or no, if your child's image can be identified as her, it can't be used. They may have to edit the image out entirely.

Answer 7

i think that the party host mom did the absolute wrong thing by not informing you. was there something in it for her? like maybe a discounted party or something? your a parent of children that attended so don't you think its wrong by all parties involved with this that you did not sign a waiver? like many responses above suggest, speak to your lawyer and find out where you stand and what proceedings can go ahead. good luck

Answer 8

You bet the owner was sympathetic. He knew that the hostess could not sign anything on behalf of your kids. Make sure the other parents know what is going on and the next time you are invited to one of her parties ask lots of questions first.

Answer 9

while the mother does not need to inform anyone of any "guest appearances buy clowns or character" she should of definitly informed people that it was possible for their kids' pictures to end up published.
youd figure that the photographer would have to have each individual parent sign somehting. not just the party host. weird.
just let her know, wether she gets mad or not, she should have said something.

Answer 10

First, let me say, I don't have children.

Your children not being of age, you and your husband are responsible for them, The question is not "Would you be comfortable", the issue is, they are your kids, and YOU decide whether or not you want them doing free labor.

I believe with a little effort and the local law, you would be able to stop your child's pictures being used, since YOU didn't sign anything.

How rude of her!