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  1. #21
    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
    Last edited by nackyy20; 06-24-2014 at 03:36 AM.

  2. #22
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    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.

  3. #23
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    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.

  4. #24
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    Quote Originally Posted by SLD View Post
    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.
    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.
    Last edited by Rachael; 09-01-2014 at 12:38 PM.

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