By TheLemonMan - 15/10/2015 18:04 - United States - Lincolnshire
TheLemonMan tells us more.
After posting this, I followed your suggestions and took it to the school. It turns out, it was two of my 'friends' who got a hold of my school pic, enlarged it, and made posters to put around. After some investigation, the school found them. You were right, the school was angry that they put my picture on display on school property without my permission. They got suspended for a week. Thank you guys for all your support and suggestions!
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Don't they usually need permission to use someone's picture in those advertisements?
Oh that's fucked up, sue the school for degrading you or using your picture for something you didn't approve.
Everyone always says sue when stuff like this happens, but honestly I think in the average school you'd lose a lot of rep from doing that. If OP doesn't go to a rich white school then suing might ridicule him worse than this little public ridicule (which could just be played off as a joke).
I'm totally on the same page as you guys when it comes to getting the school in trouble for this, but one question: Here in Canada, we have "media consent forms" which basically enable the school to use our photos. Would this apply to OP's case as well, or would they not be allowed to do this? I'm assuming probably not, but I'm just curious. Anyway, sorry to hear OP, that's really low of them...
Copyright law says that whoever took the picture has the rights to it and can use it however they wish. I don't think OP would have a case, especially since they (or their parents) consented to the original picture being taken. I'm not trying to defend the photo company (or whoever made the sign—and I'm definitely not a lawyer), but I can't imagine OP would be able to sue unless it's outright defamation. Saying someone's having a bad hair day isn't defamation.
31—at my school, students and parents sign media consent forms at the beginning of the year, otherwise students could not be photographed. For school pictures, there's also a consent. Also, the company that does our school pictures makes the fliers posted, not the school. It's entirely possible the photo company made a mistake or thought it was a stock photo. It's slightly embarrassing, but definitely not degrading and law suit worthy.
I feel like the grumpy old lady yelling at the kiddos, but unless it was a selfie OP took, OP doesn't own the photograph. Whoever took it can use it however they want. That's why I always make it a point to talk to my students about copyright. Even if you're the subject, if you didn't click the button and take the picture, you have no legal control over the photograph (though some states are enacting revenge porn laws that challenge that definition of ownership). It might not have even been the school that made the poster. It's a funny story, and it sucks for OP, but I feel like everyone's overreacting a little. But, I'm also in my forties and I have thick skin (some of the teachers and I always pose for bad hair day or other goofy yearbook pics). I'm sure if I was 25 years younger and this happened, I'd be devastated. Still, I think, at best, OP might get an apology and the picture taken down.
That might be the work of some students, and school didn't take it down immediately because they probably assumed OP gave consent. OP, go to someone and they'll take it down