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A photographer posted pictures of my children on facebook. Can I have them removed?

Sheridan, AR |

I am the custodial parent and did not give anyone permission to post these pictures. What is the law in Arkansas concerning photography? I'm not comfortable with my children's photographs being online in a public facebook profile. Apparently the father did give permission.

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Attorney answers 3

Posted

If your kids were in a public place when the photos were taken, they can be posted online or published without permission from either parent. However, it is illegal to profit from the likeness of the minor without parental permission, but you do not indicate that is happening.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Posted

Q: "Can I have them removed?"
R: The answer depends on (1) whether the children's father has the authority to approve the publication [which he would if he shares legal custody], (2) whether the photographs are somehow unlawful [pornographic or invading their privacy] and (3) whether the photographs violate any provision in the Facebook Terms of Use.

Your first step should be to ask your former spouse for his help in removing the photographs. If he won't, then review the relevant Facebook policies [via the link below]. If none of those policies apply then speak with your own Arkansas-licensed intellectual property attorney. Good luck.

The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

Here's the link: https://www.facebook.com/help/181495968648557

Posted

Discuss this with the father. If he will not cooperate, then request to Facebook that they remove the photos. If they refuse then your option is to see an Arkansas family lawyer for assistance. The nature of the photos will be important and so may be whether they are being used in any commercial manner and whether there is news content involved and whether the kids or either of you are.celebrities.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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