Can a business use images of a minor in their advertisement without parental permission?

A local business is using images of my daughter on their website, brochures and flyers. I have never given permission for her photos to be used. We are not associated with this business and I would like them to remove her photos. What recourse do I have?
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Answers (1)

Gene R. Berardelli

Gene R. Berardelli

Contributor Level 4
When considering my answer, please remember that I am not a attorney that is licensed to practice in your jurisdiction and that I highly recommend that you consult a licensed attorney in your jurisdiction.

When a company wants to use a person's name and/or image for a commercial purpose, they typically have to get that person's permission. Typically, businesses have people sign general releases so they can use a person's name or image.

When dealing with minors, getting their permission to use their name / image isn't enough - parents must agree as well.

Oral releases are generally considered valid (though it's always best to get such things in writing!), so think back and try to remember if you ever gave anyone permission to take your child's photo for use by a business, or even for use by a photographer who sold the rights to the photo.

If you still feel that a business is using your child's likeness without your permission, then let them know that you want them to stop. Send a letter to them yourself - and if that doesn't work, follow it up with a letter from an attorney. Then see how things progress, and consult an attorney.
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