Hi Dene Ward!
So glad you read and responded because you soften all sides of the issue. And, while I don’t want to hang on the legalese, they are exactly the heart of the matter.
Admittedly, it’s a sad state of affairs where everyone works a sad silly angle that arrives us to this point. Yet, we have arrived, and unfortunately this is what shapes decisions.
The school didn’t do the “right thing” here. If the school had done the “right thing” it would have listened to its own legalese, the very verbiage that allowed me to opt out when I registered my daughter for school, before she ever set foot in the building on day 1 of Kindergarten. Maybe I an 1 of 100 in the whole student body who opted out, based on the school’s own media contract, but the school gave the opportunity and needs to listen to the registered “no”.
Because I am weird and I don’t accept school pictures for various reasons stated in other comments I said “no”. This is where we are, and if I stay silent, then my “no” also stays silent — and that is not okay.
Beyond that, in no way can a minor’s photo be used for commercial use, in any way. Copyright is one thing, and the point everyone keeps missing is that the subject also has rights. That is why no one can use a subject’s image for commercial gain without consent. The act is punishable by fines and more.
I can live with my actions, and I cannot live with my registered “no” in this sad state of affairs, on file (probably now conveniently lost) not being listened to.
Because we have arrived here, we also have to listen to the filed answers, otherwise the whole foundation crumbles. And, so, there I was… (because in the Akers family, that’s the beginning of every story prompt that we tell ourselves for entertainment value). This is a great story in the making!