My photo on non-profit's banner w/o permission

[SkyMaster]

What is the name of your state? Nevada

We belonged to a Non-profit. We created a profile on their web page. To create a profile we needed to upload a photo. So I uploaded a photo of my dad, that my mom had taken.

The non-profit has since placed my dad's picture on its' banners that they use at conventions. The non-profit did not inform us that they were going to use my dad's picture. They have since used his photo, and a photo of me, on their Facebook page.

Is it legal for the non-profit to place my dad's picture on banners? Then can the non-profit use the banner as advertising and publicity at conventions?
Is it legal for the non-profit to use both my dad's picture and my picture on its' Facebook page?

 

[quincy]

What is the name of your state? Nevada

We belonged to a Non-profit. We created a profile on their web page. To create a profile we needed to upload a photo. So I uploaded a photo of my dad, that my mom had taken.

The non-profit has since placed my dad's picture on its' banners that they use at conventions. The non-profit did not inform us that they were going to use my dad's picture. They have since used his photo, and a photo of me, on their Facebook page.

Is it legal for the non-profit to place my dad's picture on banners? Then can the non-profit use the banner as advertising and publicity at conventions?
Is it legal for the non-profit to use both my dad's picture and my picture on its' Facebook page?

It is not permissible to use a person’s image for promotional purposes without authorization from the person whose image is used.

Did you inadvertently sign away rights to all material that you post on the website? Read carefully the legal page of the website (terms and conditions).

If there was no authorization of any kind, a cease and desist letter can be sent to the non-profit organization and DMCA takedown notices (copyright infringement notices) can be directed anywhere on the internet where the image appears.

 

[quincy]

A common condition, and one to look for, grants to a website a “perpetual, nonexclusive, worldwide, royalty free, sub-licensable license” to all content posted and submitted.

 

[zddoodah]

We belonged to a Non-profit.

Huh? No one "belongs to" anyone else. Also, who are "we" (you and who else)?

We created a profile on their web page. To create a profile we needed to upload a photo. So I uploaded a photo of my dad, that my mom had taken.

Why did you use a photo of your father? Did you have his permission to do so? Did you have a license from your mother who owns the copyright in the photo?

The non-profit has since placed my dad's picture on its' banners that they use at conventions. The non-profit did not inform us that they were going to use my dad's picture. They have since used his photo, and a photo of me, on their Facebook page.

What was the banner used for? What was the purpose of using it on its Facebook page?

Is it legal for the non-profit to place my dad's picture on banners? Then can the non-profit use the banner as advertising and publicity at conventions?
Is it legal for the non-profit to use both my dad's picture and my picture on its' Facebook page?

Depends on my answers to your questions above and on the terms of service that you unquestionably agreed to when you signed up and uploaded the picture. You were likely required to click on something saying that you had read and agreed to the TOS, but you likely did not actually read them. Am I correct about that?

Did you contact the entity and request that it discontinue using the photos? If not, why not? If so, what response did you receive?

 

[quincy]

It appears that SkyMaster is a member of the non-profit organization.

If the photo of SkyMaster’s father, taken by SkyMaster’s mother, was an image whose use by SkyMaster the mother authorized (either through oral permission or a written license), there is little SkyMaster can do about the image’s use by the non-profit.

The mother (copyright owner), however, potentially could file a DMCA notice for copyright infringement and the father potentially could claim an invasion of privacy/publicity rights over the use of his image for the non-profit’s promotional material.

The terms and conditions of the non-profit’s internet sites need to be reviewed to determine if use of submitted material by the non-profit was authorized.

 

[Zigner]

Huh? No one "belongs to" anyone else.

That's asinine. It is quite normal and acceptable for folks to say that they "belong to" an organization.

 

[quincy]

That's asinine. It is quite normal and acceptable for folks to say that they "belong to" an organization.

I don’t quite understand why Doodah has such difficulty understanding some of the postings made to this forum.