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Can a photographer legally post photos of underage children without a parent's consent?

Dayton, OH |

My 5 year Old daughter was photographed by a local photographer when she was 3. We paid the photographer and received 2 prints. 2 years later, today, someone brought it to my attention that this photographer has posted my child's photos on Facebook along with photos on her website. The scarey part, is that when you click on a few of the pics on her website, it lists my daughter's name. I NEVER signed a consent to post her photos online or to use them for her own financial gain. This woman owes a lot of people $ and I do not want my child associated with her. She has been asked to takedown the photos and only removed 5 of the 7 from Facebook and none from the website. I have screen shots from my IPhone of all her postings of my daughter. Should I proceed with legal action? Do I have a case?

Attorney Answers 1


  1. You have two things going on here. First, the right of privacy. Second, the ability to use someone else's image for personal profit and gain. Whether the protographer can use the images that he took when you hired him would likely depend on any sales agreement that was signed when those two photo's were originally taken. Regardless of any of that, the thing to do is to have an attorney write a strongly worded letter to the offender demanding the photo's all be taken off the internet immediately, along with any other reference to your daughter and threatening legal action if it is not done. That is probably all that is necessary to get it accomplished. You should call the Dayton Bar Association and ask for a referral to a local lawyer who knows internet or copyright law near you or you can look for one at Avvo.com under the Find a Lawyer tab. But always remember to act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give it a “Vote UP” review below. Thanks and good luck. Ron Burdge, www.BurdgeLaw.com

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