Invasion of Privacy: Appropriation?

[Shuley]

What is the name of your state (only U.S. law)? California

I have an elementary school age son. Twice a year he comes home from school with an envelope full of school photos. We never request these photos be taken and never purchase them. Prior to this they sent home an envelope for pre-orders, where you can also choose a background/pose and we did NOT send it back. This company's process is to take every kid's photo regardless of who ordered them, send home a packet full of photos and require the kid to either bring back payment or return the photos. This year, his teacher told the class that the kids who do not either return the photos or payment will be punished (will have to sit at their desks quietly while other kids go to recess). That was the last straw for us. There are a lot of other parents that are equally disturbed by this method for a lot of reasons.

My question: They are using my son's likeness, without our consent, for their commercial gain. Could this practice technically be construed as Appropriation (Invasion of Privacy)?

Follow up: If we decided to keep these photos and not send payment, are we breaking the law? Are we protected under the Federal Trade Commission re: Unordered Merchandise (not sure the statute, sorry).

Thank you!

 

[Zigner]

What is the name of your state (only U.S. law)? California

I have an elementary school age son. Twice a year he comes home from school with an envelope full of school photos. We never request these photos be taken and never purchase them. Prior to this they sent home an envelope for pre-orders, where you can also choose a background/pose and we did NOT send it back. This company's process is to take every kid's photo regardless of who ordered them, send home a packet full of photos and require the kid to either bring back payment or return the photos. This year, his teacher told the class that the kids who do not either return the photos or payment will be punished (will have to sit at their desks quietly while other kids go to recess). That was the last straw for us. There are a lot of other parents that are equally disturbed by this method for a lot of reasons.

My question: They are using my son's likeness, without our consent, for their commercial gain. Could this practice technically be construed as Appropriation (Invasion of Privacy)?

Follow up: If we decided to keep these photos and not send payment, are we breaking the law? Are we protected under the Federal Trade Commission re: Unordered Merchandise (not sure the statute, sorry).

Thank you!

Send the pics back - it's really not that hard.

 

[Shuley]

Send the pics back - it's really not that hard.

Thank you Zigner but that misses the point. A couple of years ago someone found hundreds of these envelopes full of these photos in a dumpster behind the photo company's office. I understand we could just send them back, but I do not know who these people are and they contain personal information (My son's name, his photo, the school he attends and his grade/teacher). I am not really comfortable doing that. Tolerating/Ignoring possibly illegal (and I feel immoral) business practices is not the solution here. I'd rather them not take my son's photo unless I request them to. Also, pressuring teachers and kids to do this for them, when they are making a profit is wrong, especially since this is during school hours when I expect them to be learning.

 

[Zigner]

Thank you Zigner but that misses the point. A couple of years ago someone found hundreds of these envelopes full of these photos in a dumpster behind the photo company's office. I understand we could just send them back, but I do not know who these people are and they contain personal information (My son's name, his photo, the school he attends and his grade/teacher). I am not really comfortable doing that. Tolerating/Ignoring possibly illegal (and I feel immoral) business practices is not the solution here. I'd rather them not take my son's photo unless I request them to. Also, pressuring teachers and kids to do this for them, when they are making a profit is wrong, especially since this is during school hours when I expect them to be learning.

I used to feel the same way - actually ended up sounding a lot like you.

Then my kids graduated and the problem went away.

 

[Shuley]

I used to feel the same way - actually ended up sounding a lot like you.

Then my kids graduated and the problem went away.

Well, obviously the problem did not go away. If it had, I would not be dealing with it in real time. In order for the problem to go away, someone has to call these people on it. I ignored it for the first few years of his schooling, but once they threatened him with punishment for something that is not the responsibility of him, his teacher or myself, I decided not to ignore it anymore. All I am asking, in the opinion of an actual legal professional, is what they are doing legal? If someone were to bring a civil suit against them for invasion of privacy, do they have a case?

 

[Zigner]

Well, obviously the problem did not go away. If it had, I would not be dealing with it in real time. In order for the problem to go away, someone has to call these people on it. I ignored it for the first few years of his schooling, but once they threatened him with punishment for something that is not the responsibility of him, his teacher or myself, I decided not to ignore it anymore. All I am asking, in the opinion of an actual legal professional, is what they are doing legal? If someone were to bring a civil suit against them for invasion of privacy, do they have a case?

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[TheGeekess]

Well, obviously the problem did not go away. If it had, I would not be dealing with it in real time. In order for the problem to go away, someone has to call these people on it. I ignored it for the first few years of his schooling, but once they threatened him with punishment for something that is not the responsibility of him, his teacher or myself, I decided not to ignore it anymore. All I am asking, in the opinion of an actual legal professional, is what they are doing legal? If someone were to bring a civil suit against them for invasion of privacy, do they have a case?

The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums.

With that being said, schools are given part of the money earned by picture sales.

If you don't want pictures of your child taken, I suggest a note at the beginning of the year informing the school of that.

 

[Shuley]

The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums.

With that being said, schools are given part of the money earned by picture sales.

If you don't want pictures of your child taken, I suggest a note at the beginning of the year informing the school of that.

Thank you Geekess. I plan to opt out in future years, although that is not an option given on the pre-order form. I know of at least one person that requested her daughter not be photographed and she received pictures anyways. I am aware that this is an advice forum and have no intention on holding anyone responsible for anything they post. Just thought someone might have an opinion as to whether this is a legal practice and if I am liable for anything financially since I am not returning these photos. I know many people deal with this every year. I am aware it is a fundraiser, but I am also aware it produces very little money compared to the many other fundraisers we do all year. I am not paying for them because I did not order them. But also, I am not sending an envelope with my son's full name, school, grade, teacher's name and photograph off to some company headquarters for them do dispose of (or not) how they please.

 

[Zigner]

This is not legal advice - just an observation. On several occasions, I simply did not return the pictures and nothing further came of it. Then again, my child was never threatened with reprisal.

 

[Antigone*]

Well, obviously the problem did not go away. If it had, I would not be dealing with it in real time. In order for the problem to go away, someone has to call these people on it. I ignored it for the first few years of his schooling, but once they threatened him with punishment for something that is not the responsibility of him, his teacher or myself, I decided not to ignore it anymore. All I am asking, in the opinion of an actual legal professional, is what they are doing legal? If someone were to bring a civil suit against them for invasion of privacy, do they have a case?

Sure, spend your money and file your law suit. Don't expect to get anywhere. Just send back the pictures and Junior won't be punished.

If the pictures are not return, that would be stealing (keeping something that does not belong to you) and he deserves to be given the time out. It is character building. Something he should be getting at home, but if you're not gutsy enough to do it, then his teacher seems to be more than willing to step in.

 

[Zigner]

I will admit that I've had similar thoughts to the OP with regard to these pictures. Borders on extortion if you ask me. But, a lawsuit it does not make.

 

[Antigone*]

I will admit that I've had similar thoughts to the OP with regard to these pictures. Borders on extortion if you ask me. But, a lawsuit it does not make.

I've torn them up into tiny pieces and sent them back... problem solved

 

[tranquility]

I've torn them up into tiny pieces and sent them back... problem solved

How does tearing up the print disappear the file/negative the photographer keeps?

 

[Zigner]

How does tearing up the print disappear the file/negative the photographer keeps?

It keeps identifiable photos from ending up in the dumpster behind the photog studio.

 

[Antigone*]

It keeps identifiable photos from ending up in the dumpster behind the photog studio.

Exactly, Zig

I find it very silly for people to be so preoccupied about their image, or their kid's images when no matter where we go or what we do we are on camera somewhere. But hey if they want this type of baloney to rent space in their head, so be it.