can my childs image be used without my permission?

[Nicole]

After attending a wedding I have found out my year old childs image is being used on a Facebook page and website to promote the photographers work. The photographer has copywrited the images and I have also found out some pictures were entered into a competition which I cannot find any details of. I am also concerned that the photograph competition promoters now have a right to the image as this "photograper" would have had to give permission for the competition holders to publish the image and may have also had something in their terms of entry like any images entered become property of "unknown company".

[SarahD]

Did you sign anything which said that he can use the images? If not then no, he doesn't have the right he has to ask permission in writing. There is important laws against this sort of thing nowadays, I have to sign whether i would allow my kids images in photos that their preschool display on the wall even.

[jayakumar n]

If you oppose they will take out the photo.

[Robert]

It may make a difference if your child was one of a group as opposed to a photo of him alone.

[Tim]

Laws vary from country to country, but in the U.S. portfolios are considered editorial work, and therefore permission is not needed from anyone in the photos.

There are different rules for advertising, specifically endorsements. For example, if the photographer were to run an ad on Facebook or in a magazine, they would need permission from any recognizable person in the photo.


The photographer absolutely has the right to enter images of people into photo competitions without permission from the people in the photos. If the contest organizers plan on using the photo for any type of advertising purpose, they would need permission from recognizable individuals in the photos. Most competitions do not require copyright transfer of the images. The contests where the image becomes the organizer's property are usually limited to physical copies of the images, and the the copyright of the image itself.