1. #1

    Using A Child’s Photo Without Parental Consentde

    Let’s talk about a hypothetical charter school in the US. They’ve got students enrolled from all walks of life, including a few kids of celebrities. The school sends out release forms asking if they can use your child’s image in their advertising. You check no. They use your kid’s image anyway on billboards around town. How would you respond?

  2. #2
    I remember the time that Jim carey went online and found a picture of an autistic kid which he posted on his Twitter saying the kid was autistic because of vaccines. He had no permission to use the kids photo and was wrong about why the kid was autistic. The parents found out about it. I would've sued him for all he's worth.
    Kom graun, oso na graun op. Kom folau, oso na gyon op.

  3. #3
    Void Lord Doctor Amadeus's Avatar
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    People really need to stop it with this bullshit idea that some how courts reward people obscene amounts of money just because.

    The question however is what would I do if someone posted a picture of my child without my consent, first I would get a hold of my lawyer and have the material removed where they had been posted officially.

    Then I would find out how much it would cost to have that image monitored wherever else it showed up on the internet and removed from there, then I would Sue who ever posted the picture for the cost of that, if it was a media company and they had say a history of this, I would sue them for enough that it not only covered the cost of my damages and whatever pain and trauma that could reasonably come from that, I would also sue for enough that in addition to those damages said company would never do this kind of thing again.

    So my response would vary based on the criteria I mentioned, none of it would be about money as much as it would be to recover damages, and punish whomever to make the situation right, if it's a company that should be damages in the greater amount to prevent such policy from every happening again.
    #ANTIFA "Intellect alone is useless in a fight...you can't even break a rule, how can you be expected to break bone" Khan Singh

  4. #4
    Lawyer with cease and desist order or else.

  5. #5
    Void Lord Doctor Amadeus's Avatar
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    Quote Originally Posted by Shadowferal View Post
    Lawyer with cease and desist order or else.
    100% the most reasonable realistic and logical response. I think sending them a bill for a monitoring service for the next couple of years to scrub that shit off the internet.
    #ANTIFA "Intellect alone is useless in a fight...you can't even break a rule, how can you be expected to break bone" Khan Singh

  6. #6
    Quote Originally Posted by Doctor Amadeus View Post
    100% the most reasonable realistic and logical response. I think sending them a bill for a monitoring service for the next couple of years to scrub that shit off the internet.
    Yeah...the whole idea of a lawsuit doesn't work well...unless there's a case that can be built. (What kind of case depends on what follows...but should a legit order be ignored would not be a good idea)

  7. #7
    Void Lord Doctor Amadeus's Avatar
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    Quote Originally Posted by Shadowferal View Post
    Yeah...the whole idea of a lawsuit doesn't work well...unless there's a case that can be built. (What kind of case depends on what follows...but should a legit order be ignored would not be a good idea)
    Well cease and desist is the first step, it says that you officially have the request filed and give them a chance to fix or clear up any possible mistake without knowingly doing additional damage, if it's ignored however then it's a great tool to help build that lawsuit. All cease and desist notices aren't the same but in a case such as this with as much legal implications ohh yeah.
    #ANTIFA "Intellect alone is useless in a fight...you can't even break a rule, how can you be expected to break bone" Khan Singh

  8. #8
    Quote Originally Posted by Vegas82 View Post
    Let’s talk about a hypothetical charter school in the US. They’ve got students enrolled from all walks of life, including a few kids of celebrities. The school sends out release forms asking if they can use your child’s image in their advertising. You check no. They use your kid’s image anyway on billboards around town. How would you respond?
    I would ask them to remove my child from the image. If they don't...Lawyer up to make them. It would be a pretty much slam dunk case for a cease and desist. They asked me to sign a release form to use my child's image. I said no. They used it anyway.

    But I don't see why the school would use that picture without my consent unless it was some kind of mistake. There will be plenty of other kids to choose from where they have that permission. Why risk the potential lawsuit that they would almost certainly lose? Is my kid that much better than the other derps?

  9. #9
    Probably won't mind much if the context is positive.

    I'm not about to fly off the handle about every little thing and if the said photo is a school advertisement and I consider that school to be good, then I won't mind.

    If they'd start sticking that photo in all their materials right and left, then probably we'd have to have a talk there, but some one off billboard with a lucky shot that looks good? Whatever.

  10. #10
    Quote Originally Posted by the game View Post
    I remember the time that Jim carey went online and found a picture of an autistic kid which he posted on his Twitter saying the kid was autistic because of vaccines. He had no permission to use the kids photo and was wrong about why the kid was autistic. The parents found out about it. I would've sued him for all he's worth.
    No. He said it was because of Mercury and Aluminum still being used in vaccines. Not because of the actual vaccine.



    California Gov says yes to poisoning more children with mercury and aluminum in manditory vaccines. This corporate fascist must be stopped. — Jim Carrey (@JimCarrey) July 1, 2015

    I am not anti-vaccine. I am anti-thimerosal, anti-mercury. They have taken some of the mercury laden thimerosal out of vaccines. NOT ALL! — Jim Carrey (@JimCarrey) July 1, 2015


    As far as sueing good luck. Probably was put on line by the parents and at that point you would be hard pressed to win a lawsuit for him using it for no monitary gain. its not like he was using it for a commercial.
    Not sure why you pivioited to something not even related. public photo vs on line photos
    "The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president," - McConnell
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  11. #11
    I am Murloc! shadowmouse's Avatar
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    @Vegas82 "Just askin'" legal questions should be just as banned as medical advice threads. If this has happened to you or someone you know, get an attorney and ask them. Back when I was in practice, you could usually get a free consult.

    Beyond that, you have no chance of getting a solid answer, too many facts are missing. What state are you in? What other papers have you signed? Was it just your kid or a group image? Was it a picture that might otherwise have at least implied consent? Have you buggered any sheep (had to make sure you were paying attention)?
    With COVID-19 making its impact on our lives, I have decided that I shall hang in there for my remaining days, skip some meals, try to get children to experiment with making henna patterns on their skin, and plant some trees. You know -- live, fast, dye young, and leave a pretty copse. I feel like I may not have that quite right.

  12. #12
    Quote Originally Posted by Egomaniac View Post
    I would ask them to remove my child from the image. If they don't...Lawyer up to make them. It would be a pretty much slam dunk case for a cease and desist. They asked me to sign a release form to use my child's image. I said no. They used it anyway.

    But I don't see why the school would use that picture without my consent unless it was some kind of mistake. There will be plenty of other kids to choose from where they have that permission. Why risk the potential lawsuit that they would almost certainly lose? Is my kid that much better than the other derps?
    Hypothetically speaking? They did the same shit last year to another family. Apparently they are fuckups when it comes to this stuff.

    - - - Updated - - -

    Quote Originally Posted by shadowmouse View Post
    @Vegas82 "Just askin'" legal questions should be just as banned as medical advice threads. If this has happened to you or someone you know, get an attorney and ask them. Back when I was in practice, you could usually get a free consult.

    Beyond that, you have no chance of getting a solid answer, too many facts are missing. What state are you in? What other papers have you signed? Was it just your kid or a group image? Was it a picture that might otherwise have at least implied consent? Have you buggered any sheep (had to make sure you were paying attention)?
    It is a headshot of the one kid.

  13. #13
    Quote Originally Posted by Vegas82 View Post
    Hypothetically speaking? They did the same shit last year to another family. Apparently they are fuckups when it comes to this stuff.
    So, it's not really a hypothetical at all.

    How did the other family deal with it?

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