What Can I do about a Charity Using My Child's Image and Not Distributing Funds Appropriately?
Provided by HG.org
Organizations often use the likeness of someone specific to attract the attention of the media or public in some manner which usually provides funding. When the child or family do not receive the necessary payment from these actions, the parents may have legal action they are able to pursue against the entity.
Charities operate through donations, gifted items and payments by benefactors for various reasons. Through the activities of the charity, there are options open that could lead to funding for years. By using the likeness of a specific person, the entity may expose the activities of the group to the public in a positive manner. This could happen through posters, advertisements or exposure in a public forum such as commercials or an interview with the press. However, when the likeness of a child becomes the media that helps along these measures, the organization usually needs to make an arrangement with the family that usually entails a payment of some form.
The Use of an Image Explained
Any misappropriation or misuse of the image of a person often leads to devastating consequences. The target may take the entity or other person to court, seek a lawsuit for damages or a remedy or confront the person or organization directly. It is best to consult with a lawyer before pursuing legal action or any other activity that could result in a negative conclusion. Additionally, a lawyer may contact the entity or individual directly to discover if any remedy is possible or was simply forgotten. When the charity in question needs to pay the person for his or her image or likeness, not doing so usually causes negative results.
Using the image of a child or family member could lead to severe consequences for a charity or other organization when not handled appropriately. This could result in litigation if the youth faces negative impact based on the photo or details representing the campaign or advertisement. The identity of the young person should remain private unless he or she grants permission for contact details approved through a legal parent or guardian. Additionally, money needs wise handling, and any misuse of charity funds could result in penalties or severe consequences. This could include nonpayment for the image or likeness of a person.
Misappropriation of Funds
When one aspect of a campaign or advertisement goes unpaid, it is possible that other issues arise. Misappropriation of funds does occur even when those in charge are unaware of any problems. While the charity may not remain in the usual legal bounds as other entities, these actions could lead to criminal charges or a disbanding of the charity entirely. It is important that all payments transfer to the necessary party based on what income he or she should receive. This includes anyone whose likeness or image the charity uses for any reason unless there is an agreement of nonpayment for the use.
The Agreement Explained
The primary concern when making deals with the use of a child’s or family’s likeness is the agreement for funds through payment for the activity. If the person affected did enter into an arrangement with the charity, the terms need honoring. Sometimes, communicating with the charity about the nonpayment for these instances is enough to ensure the family receives compensation for the image. However, if the charity does not want to or has no funds to distribute, the family may need to pursue legal action against the owner or management of the charity. It is important to have a copy of the contract or agreement paperwork handy for these situations.
Contacting a lawyer is usually the next step. Even if the matter does not proceed to the courtroom, it is possible to ensure a settlement or another remedy through legal representation. Sometimes the resolution for these circumstances is to remove the image of the child for the charity in current and all future uses and publications. If the entity cannot pay the child or family for the image, the charity should have no options or rights to distribute it in any manner.
Charity Use of a Child’s Image Legal Action
It is important to contact a lawyer to determine what options are available in the event the family receives no distribution of funds for the use of the image. The legal professional may explain that a settlement or litigation is possible based on the evidence and details provided.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.