I “stole” something, whether direct or implied… I did not give my consent for the photographer to take a photo of my child. I even said “no”, by not submitting my money and not agreeing. Perhaps the teacher did on my behalf, but without my consent. And, that “permission” is not valid.
If someone “steals” an image of my child without my consent how then can that be copyright material?
There is no copyright on the printed material, or on the material itself. Perhaps the photographer needs to be careful where he or she shoot the lens and make sure that permission of the subject is warranted.
Where the “legalities” fall I do not know, but I do believe all parties should be required to be the best representations of “self”.
If a photographer does not have permission to take the shot then he or she should lose all ability to capitalize from any ill advised shot (steal because it’s cute).