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Would you be creeped out? And if you were, would you do anything?


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And if you would, what would you do?

 

The other day we took my daughter to have her picture made with Santa. After the picture was taken (yes, it was beautiful) and we were paying, an extra picture printed out. I told the girl she missed one and she said no, that Santa had wanted one. So, we walked away but I stopped my husband and said that was creepy. He said it wasn't and that he probably just wanted it for a portfolio or advertising or something innocent. But I wasn't asked and I didn't sign any permission, et c. I was irritated. Later, we told the story at a party. Everyone said I should be outraged and that it was inappropriate and that it is creepy and that I should say something.

 

He seemed like a nice Santa.

 

Would you say anything and if so, what?

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I'm pretty sure that Santa can't use your daughter's picture in a portfolio without your written consent. I would imagine that they have the picture on their computer so Santa can always get another copy, but I would insist that they give me the extra photo or destroy it in front of me. Then I would contact the mall management and the company that provided the Santa pictures and let them know that this is inappropriate and not acceptable.

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If this is a Santa that the store uses year after year - a "professional" Santa, he may well keep photos of many kids as it is his job and he enjoys it. He is in the photo, too, after all. I would not assume the worst right off the bat - but he should have asked, first, if he could keep a copy.

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I probably would have asked the Santa why he wanted it just to see his reaction. I think he should have had your permission. Perhaps your dd resembled someone in his family and he wanted to show the others in the family or something as innocent as that. I find it hard to believe that if he was a perv he would have been so blatant as that in his acquiring a copy in full view of the other worker. I think he would have done it later in secret or something.

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Even though I wouldn't jump to the conclusion there was anything untoward going on, I would want to be asked. The first time we went to a studio for pictures of our son, they asked our permission to use them in advertising and had us sign a simple release.

 

He should have asked you, and I don't think it would be out of line to ask him what his intentions were.

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The rights to photo images taken by professionals are theirs, so you don't really have a case. You could certainly ask for the photo and it would be nice of them to oblige in giving it to you or destroying it. I'm sure that your daughter was adorable and they simply want to post the exceptional photo as an example of their work. We have a family tradition of a black and white vignette portrait of each child at 8 months of age. I was so tired of dealing with the local photographer(who had scared 2 of the children) that I asked a friend that took still life floral photography if she would give it a go with Baby #7. I knew just how to get them posed and smiling. She was so thrilled with the results that she printed out several enlargements, framed them, and showed them off to friends and family who then wanted her to photograph their families. I was a little surprised that my baby was being shown everywhere, but from her point of view the photos were a work of art that she had accomplished. I kept mum and I trust her completely with the images, but it does make you think about privacy issues.

Edited by AnnetteB
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As one poster stated, professional photographers have the rights to their work. So, even if the picture is destroyed, the digital record may still exist.

 

Santa is not the photographer. You consented to have your dd's photo taken with Santa. Santa may have had a deal with the photographer to have several extra photos printed. He may not have even known which children were in the photos until the end of the day. The girl doing the printing may be printing out extras of the ones that look best. Many malls hire the same Santa year after year. Many of these Santas take this position very seriously, because the seasonal work makes a huge difference in their income from a "regular job", which is also somewhat seasonal. The best photos this year may be being pulled to advertise the coming of Santa next year.

 

You may have signed an agreement that specifically allows this. Typically, you sign some papers when you get your pic taken with Santa.

 

That said, I think it's inappropriate. I work at the Y. No one is allowed to take a picture except of their own child. When I'm teaching parents have to get permission from me and all other parents of children in my class to take a picture. Most places do not have this restrictive a policy, but it is the way to go.

 

Since it's after the fact, I would go to the store or mall management and voice your concerns. I would say that you do not want to give the photographer permission to give you child's image to anyone, including Santa. You probably could have had the extra copy of your dd's pic pulled if you'd gone to the management before Christmas. You should understand that the digital image will continue to exist and you can't do anything about that.

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