I no longer want past daycare provider to use my children's photos...

When I signed my children up with our past child care provider I signed a contract and gave permission for her to use photos of my children for personal/promotional use etc. Now that they are no longer attending this day care, I wish to revoke that permission - there are currently pictures on her website/ads of my little ones and I in no way want to be affiliated with her day care/have my children's pictures included.

My question - is writing a simple e-mail requesting she take them down and letting her know that effective immediately she no longer has my permission to use any pictures of my children sufficient to make this part of our contract void?

Thanks in advance for your comments/advice.

You could try a email. If she sends a email back stating that she will remove the photos, keep a copy. Just in case in the future she puts them back up.

If that doesn't work send a registered letter. That way you know she got it.

If that still doesn't work ( I would be surprised) then a letter form your lawyer. But more then likely the email will be enough.

My contract states that at anytime a parent no longer wants my to use there children's photos, they just have to put it in writing and I will stop.

I would try the email approach first, and just politely request that since the children are no longer a part of the group that you no longer wish to have the children's images used for advertizing, give her a reasonable amount of time to reply and comply ... my guess is she would hopefully do the right thing and respect your wishes she likely just did not realize you would mind ... I still use images from children who are no longer with my group so that my website shows the 'history' of the daycare so to speak but if a client asked for theirs to be removed I would totally respect that!

If for some reason she does not than I would go a more formal route and find out what your rights are having 'signed the consent' in the first place can you change it ~ cause personally I have no clue how that works cause I just personally would never want to 'force' a client to continue to have their image associated with my program so never looked into it!

I personally have right on my consent form for photos/digital images that clients sign so that they know to avoid any issues ... "Parents reserve the right to withdraw consent, in writing, at anytime in the future. Where possible, every effort will be made to withdraw or digitally alter any child’s image already in use in as quick a manner as possible."

There are some ways that I use images that once consented to I would not be able to 'get the image back' ... aka I have done professional development workshops or written professional journal articles for my professional association where images of the program and therefore 'children' were used to help others understand how emergent curriculum looks in a home childcare setting and so forth ... a client who consents to something like that has to respect and understand that once handouts are made and distributed they are 'out there' so to speak I cannot retract the publication ... but personal advertizing and website use for sure easy peasy ;)

LOL Bluerose you posted while I was replying ~ I could have just done the 'ditto' ;)

Thanks for your advice - I will try the e-mail and hopefully that will work out just fine. I am not sure what the contract says re: withdrawing consent as I have never been provided with a copy of the contract despite numerous requests.

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Originally Posted by adviceplease

Thanks for your advice - I will try the e-mail and hopefully that will work out just fine. I am not sure what the contract says re: withdrawing consent as I have never been provided with a copy of the contract despite numerous requests.

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:( .... not cool!

Just one of many reasons that I terminated my children's care ... it was my first time using a home day care and I learned A LOT. Also the old sayings are quite true "Trust your gut feeling" and "hind sight's 20/20"

I have since found a WONDERFUL child care provider and all is great!!

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I am not sure what the contract says re: withdrawing consent as I have never been provided with a copy of the contract despite numerous requests.

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This would make me nervous. :(

Maybe she lost it. that would be good for you, she cant prove you gave permission to us the photos in the first please. :)

Mine says that the consent is irrevokable (sp) once signed....however if a parent emailed and asked me I would ask if I could blur out the face, and if no...I would just comply and take them down.

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Originally Posted by adviceplease

Just one of many reasons that I terminated my children's care ... it was my first time using a home day care and I learned A LOT. Also the old sayings are quite true "Trust your gut feeling" and "hind sight's 20/20"

I have since found a WONDERFUL child care provider and all is great!!

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This makes me happy, I'm very glad you removed your child from a bad situation and found a great caregiver.

My picture permission form gives me the right to use the photos and states that they are my possessions even after families leave my care but I promise that I will use the pictures on my website and no other place ever. If an ex-client asked me politely to remove their children's pictures from my website, no matter the reason, I'm sure I would do so. Lord knows I have enough other pictures to use! I hope you and the ex-caregiver can come to an agreement without too much trouble. LUCK!

one of the problems with using dck images is that they r often with other kids whose parents want the pic up. Best arrangement is to offer a financial incentive to use the image so the parent is compensated at the point they r put up. Then they are paid for and sole ownership and use is at provider discretion.

Thanks everyone - although she did not respond to my e-mail, the pictures were promptly removed from her website. Now fingers crossed she sends me a copy of the contract, as requested, when she sends my 2012 receipt.

If you are already gone, I would not expect her to be sending you the contract, unfortunately. I am very glad to hear that she took the pictures down. Hopefully she sends your receipt, and you can move on with your new, fabulous dayhome.
:)

So glad you found a good daycare after your bad experience! There are many good ones out there and some not so good ones as well, as you have found out the hard way. I am wondering, now that she has removed your kids' photos, why you need the contract still? I am glad she removed the photos quickly and that you can now move on! Good luck!

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Originally Posted by daycarewhisperer

one of the problems with using dck images is that they r often with other kids whose parents want the pic up. Best arrangement is to offer a financial incentive to use the image so the parent is compensated at the point they r put up. Then they are paid for and sole ownership and use is at provider discretion.

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This works for you? I would never sign over rights to my kids pictures, they aren't for sale.

Any professional should blur kids' faces upon request of the parent.

OP I'm glad your request was honored.

I do not compensate parents for any photos I use, however as I said I would comply with any requests to take them down..Kids are part of a tabloid lol.

Do you remember teh statement in the contract? Was it written that you give permission to use your child's picture at whatever point of time or until the kid attends the daycare center? If it is the former then the provider may not remove the pictures but otherwise it is very much possible that she would remove the pictures.

I do Hope that you did find another home childcare provider so you can see how others run thier home daycare's. Just because you had a bad experience with one does not mean all home daycare providers will run their daycare the way your old daycare provider did.

just a little tip- provider should always give you TWO contracts when signing. One for you to keep, and one to return..

I know this is an old thread that has been resurrected but thought it was worth commenting as this is a major policy in my contract simply due to having a background in childcare training overseas which regards this topic slightly different. I have a policy where I get signed consent to use photo's but it is specific as to where and when. I may only use the pictures during the time in which the child is actively enrolled and attending my daycare. I will also advise parents where and when I post pictures. It is not for permission purposes, but out of courtesy to them so they know where their child's pictures are being shown or distributed. Whether I include pictures in a promotional brochure or the folder in which my daycare contract is housed or on my website. Newsletters, photos including other children and albums distributed to all families such as Xmas parties etc. I own the pictures but acknowledge that I do not take this subject lightly and that they can trust that my priorities are set high on protecting their child's privacy.

At the same time if you feel you are not able to work with your caregiver to solve the issues then maybe moving to a different type of environment is what you will need to do.
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keepwell

I can answer this both as a day care provider and a photographer.

A photograph always belongs to the photographer - i.e. the person who took the image. It never belongs to the person in the image. However, a photographer has to request permission from the subject (or his/her parents if it's a child) to use that photograph commercially which includes promotional use.

BUT once that permission has been given, it cannot be revoked in retrospect.

Sorry but you gave your permission for the photos to be taken and further more you gave her permission to use the photos in the manner she is doing. The copyright is hers anyway and you have agreed to usage.

Had your children still been in her care, and had you chosen to revoke permission, only future images would have been without usage permission but any she's taken prior to you changing you mind - too bad. And that's the legal position on it.

You can certainly write and ask her not to use them but she doesn't have to comply and you certainly are not in a position to instruct her compliance. Sorry.

That's all well and good Rachael, but as a parent if I change my mind I would expect you to honor that. You have no idea why I may not want my child's photo out there anymore.. and you don't need to know my personal business.

These are small children. Their parents have every right to revoke their permission and expect it to be honored as much as humanly possible.

Parents, this is one reason why you should never sell your children's photos. Once someone "owns" them, you have no say and not everyone will respect your decisions as the child's parent. Simple solution is to never give the okay to use your kids' photos publicly.

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Originally Posted by SLD

That's all well and good Rachael, but as a parent if I change my mind I would expect you to honor that. You have no idea why I may not want my child's photo out there anymore.. and you don't need to know my personal business.

These are small children. Their parents have every right to revoke their permission and expect it to be honored as much as humanly possible.

Parents, this is one reason why you should never sell your children's photos. Once someone "owns" them, you have no say and not everyone will respect your decisions as the child's parent. Simple solution is to never give the okay to use your kids' photos publicly.

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I understand you aren't happy with my answer - but that's the legal position here in Canada regardless of whether or not you like it. *I* would honour that wish but I don't have to. *I* don't photograph children in my day care without written permission from their parents and even then I don't show their faces - that's because with the two businesses, there is absolutely a conflict on interest so I avoid that whole situation entirely. But if I did take photos and someone asked me to remove them, I would but that is merely a courtesy and it's not something I have to do.

Yes, they are small children which is why permission has to be sought if using it to promote herself and her day care - that's something she did and it's something you agreed to.

The copyright of the image belongs to the photographer. It's her photograph - legally, physically and in every other way possible.

You have the right to ask anything you wish but that doesn't mean it will happen. And in the highly unlikely event you decided to pursue it legally, she would win because the law comes on her side as you gave permission for her to use them for promotional purposes.

You gave permission - she's covered herself legally. You can ask her to take them down and she might well do so - but you don't have any standing what-so-ever to insist on it.

"Selling" a photo is nothing to do with it LOL. Any photographer who takes a photograph - that belongs to the photographer. Even if it's a family based and paid for portrait session. The image belongs to the photographer - for ever. Your printed version is all you own or the CD if that's what you purchased. i.e. your fees to the photographer entitle you to a copy of the image in whatever format (electronic or printed) your agreement was for. You don't have the right to make copies unless that was part of the agreement as that's how the photographer earns their income, you don't have the right to publish the photograph on-line unless that was part of the agreement because selling you the right to do so, is how the photographer makes their income. But you are a parent aren't selling a photograph of your child - the photographer is selling you a copy of their work. They are not selling you the copyright, they are not selling you the image itself, just a copy of it.

Your wedding photographer owns all your wedding photographs. Your portrait photographer owns all your family photographs. The company which takes school photos, owns those images of your child too.

She did respect your decision as a parent - she asked you if she could and you said yes. You can't revoke that permission one granted for existing images. You can only decline for future images.

It's not even a case of the simple solution is never to give the okay to use your kids' photos publicly. The only solution is to not permit your children to be photographed at all.

Did you know, that if you are walking in a public place, and someone takes yours (or your child's) photograph, there's absolutely nothing you can do about it? You have no rights to make them delete it, you have no rights to insist they don't publish it. If they decide to issue it on the internet, as the photographer they absolutely can do that. The exception is if the photograph subject is on private property where there is a reasonable expectation of privacy. So, if your child is playing in your back garden, then there's a reasonable expectation of privacy and they shouldn't be photographed, if however, they are playing on the street, they have no such expectations as it's a public place.

I'm sorry you don't like my answer - I was giving you the facts as per the law in Canada. I understand that you might not like that information but it is accurate and factual.

As I said, you can ask nicely that she remove the images but her compliance is entirely up to her and you cannot force her to take them down, however unhappy you might be.

Yes - as someone who has worked in the child protection field for many years I am highly aware that there might be all manner of reasons a parent doesn't want their child photographed. But a photographer only needs your permission if they are using the image to promote themselves. If they are keeping it on their computer, in their camera or even publishing it on-line as an image they like, there's nothing you can do about it - ESPECIALLY as you agreed.