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Can a company use picture of my nephew to advertise their sports camp?

  • 11-06-2009 10:03pm
    #1
    gatorade
    Closed Accounts Posts: 67 ✭✭


    My nephew does a sports camp every summer and this year they are using a picture of him by himself on all their advertising materials.

    Can they do this without getting his parents' permission?

    We're not going to do anything about it, but were just wondering what the story was. (*So not asking for legal advice mods*)


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It is certainly cheeky.

    If he's being used as a "model" then some permission should probably have been sought.

    If he's just one of the crowd in the background, probably not.

    If I were him, I'd be asking for some free summer camps. :)


  • #3
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    This is actually a very delicate issue.

    For commercial advertising, where you are endorsing a product, permission is required (from a parent/guardian if the model is under 18).

    You should contact the Summer Camp organisers and express your concerns. They (and the photographer) should know better.


  • #4
    johnfás
    Registered Users, Registered Users 2 Posts: 1,342 ✭✭✭johnfás


    Paulw wrote: »
    For commercial advertising, where you are endorsing a product, permission is required (from a parent/guardian if the model is under 18).

    It probably depends on more factors than that. For instance, did the child attend the sports camp the previous year and was there a box on the consent form the previous year which stated that if you did not tick it photographs of your child may be used on promotional material. I have seen such a box on many consent forms for similar sports camps.


  • #5
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    johnfás wrote: »
    It probably depends on more factors than that. For instance, did the child attend the sports camp the previous year and was there a box on the consent form the previous year which stated that if you did not tick it photographs of your child may be used on promotional material. I have seen such a box on many consent forms for similar sports camps.

    But, that is what I said. Permission is required. Signing that consent form is granting permission.

    You would also have grounds to make a complaint through the Data Protection Commissioner.


  • #6
    gatorade
    Closed Accounts Posts: 67 ✭✭gatorade


    His mum doesn't remember signing anything with regards to the use of photos. etc and in fairness to her it was the 1st thing that she thought of. The picture was taken at last year's sports camp. She was going to ring them but feels they may use big worded legal jargon that she won't understand.

    Again its not a huge problem but came a little out of the blue!


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