Filming of minors without parental permission

Thriftkitten

JodyBPM wrote: »

Can I ask why you want it removed?

Do you have genuine reasons that mean that you don't want your/your dd's general location potentially made available, or are you just being a bit precious because they didn't ask permission and its for an advert? If they had have asked permission for your daughter to be a model, would you have refused, and if so why?

I'm genuinely curious as to why its such a big deal. I'm always delighted when someone asks one of mine to model for a brochure or have the photo in the local paper etc.

I don't consider myelf being precious because I was not asked, I feel a little violoated that they are using video footage of my young daughter without my permission and prior knowledge.
I do not have any video or images on view for public viewing anywhere on the internet.
If it was things like school photographs or an advert in local paper for something to do with the school then with my permission that is fine, however whena friend contacts me saying my young daughter is in a short video without my knowledge it does get me a little riled up!

elsien

They don't need to ask permission to film.
However as you feel so strongly about it, and the hotel presumably is after good publicity not bad, you may well be able to persuade them to remove that section of the ad. It might be worth their while from a customer relations point of view, if nothing else - a mention of going to the local press might help. In your place, I'd forget the apology and concentrate on getting the footage down, if it was that important to me.

JodyBPM

Thriftkitten wrote: »

I don't consider myelf being precious because I was not asked, I feel a little violoated that they are using video footage of my young daughter without my permission and prior knowledge.
I do not have any video or images on view for public viewing anywhere on the internet.
If it was things like school photographs or an advert in local paper for something to do with the school then with my permission that is fine, however whena friend contacts me saying my young daughter is in a short video without my knowledge it does get me a little riled up!

OK, thank you for explaining.

I can't say I quite understand, as I wouldn't have that reaction, I certainly wouldn't feel violated (really?), and I'm reasonably relaxed about photos of my children on the internet, the local papers, brochures or advertising materials etc. I have nothing to hide or fear, and beautiful, stunningly blonde children:)

But I accept we're all different, and if it does really bother you, then contact the hotel and ask them if they would remove it.

p-pincher

I wouldn't be very happy, a similar thing happened to us last year and I did make a complaint. A school picture of my daughters class was used on a Labour leaflet in the last local elections. It was posted to a couple of thousand of houses. Got home from work one afternoon to find my daughters smiling face looking up from the door mat. While it seems they were acting within the law I wasnt happy to not been told anything about it. All the kids were in uniform, the school was named on the front and as it tuns out one of the kids in the picture were in hiding from their violent father.

Igot any apology from the labour councillor and the school has since sent out letters asking for permission for pictures to be used i similar material.

It just strikes me as odd that they didn't ask. The chances are most parents would say yes. Id contact the hotel in question.

bill_creative

I work in the marketing industry and this IS a grey area in UK law. We obtain a model release from all subjects of photographs - this is because photographs are covered by UK libel law and you have a case to complain if the image is then used to promote a product or service that you have an objection to.

There are no specific rules as to what constitutes an objection as this is a very subjective matter.

The onus is on the publisher of the imagery (in this case the hotel) rather than the photographer, although it is often the photographer that seeks the permission as they are there at the time of filming/photographing. And it's best practice for all professionals to do so.

You are well within your rights to contact the hotel and request that the video is removed and/or request compensation.

Let me know if you want further clarification.

Thriftkitten

Thats the main problem really... I was none the wiser that this short film was floating about for all to see and the fact that I and the other child's mother was present at the time.
He could of high tailed it onto the beach and said " Oh would you mind if we use this short filming for our hotel video", At least give me the opportunity to make the descision.
However I have now rang the hotel and he has apologised saying he thought they were 2 tourist children enjoying the beach and has now closed the video and will remove the footage for the following video......
job done! thankyou for your coments, I do appreciate that at the drop of a hat you can bend peoples ear and get different prespectives, Lisa.

Thriftkitten

bill_creative wrote: »

I work in the marketing industry and this IS a grey area in UK law. We obtain a model release from all subjects of photographs - this is because photographs are covered by UK libel law and you have a case to complain if the image is then used to promote a product or service that you have an objection to.

There are no specific rules as to what constitutes an objection as this is a very subjective matter.

The onus is on the publisher of the imagery (in this case the hotel) rather than the photographer, although it is often the photographer that seeks the permission as they are there at the time of filming/photographing. And it's best practice for all professionals to do so.

You are well within your rights to contact the hotel and request that the video is removed and/or request compensation.

Let me know if you want further clarification.

Thankyou for this, I contacted the guy who displayed his name as the web developer, it just happened to be the guy who owns the hotel, so I told him I was not happy that permission was not requested as we were also with the children when he zoomed in whilst they played, he apologised and told me he took the video footage from the top balcony off the beach and was nothing untoward, only for use for their hotel video, all the same he has now put the video as private and agreed to remove it.

arbroath_lass

Well done!

bill_creative

Thriftkitten wrote: »

Thankyou for this, I contacted the guy who displayed his name as the web developer, it just happened to be the guy who owns the hotel, so I told him I was not happy that permission was not requested as we were also with the children when he zoomed in whilst they played, he apologised and told me he took the video footage from the top balcony off the beach and was nothing untoward, only for use for their hotel video, all the same he has now put the video as private and agreed to remove it.

That's great news. I'm happy that we don't have a libellous culture here (yet), but I do believe in the right for privacy. If we use child models in ad campaigns we have to get local council permission now as well, so the more people that understand the rules, the better. Hopefully he will now know not to put others in your situation.

I'm glad that he honoured your request so quickly.

Sambucus_Nigra

This happened to a friend of mine, who incidentally also happened to be a photographer and she sued them as they hadn't got a model release. That's why they have model releases in the first place!