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Is it illegal for someone else to post pictures of my child online?

Crown Point, IN |

My brothers ex girl friend has a picture of my daughter A on her facebook labled as her daughter B. my brother has a daughter named B with her but all rights to B are even being revoked. our kids look nothing alike. is there anything illegal about this? is there anything i can do. she hasbeen causing a lot of problems with our family.

i took the picture in my home. i wont let that girl near my children. she is very bad news. noone gave her permission to use this photo. my brother is also very upset.

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Attorney answers 2

Best Answer
Posted

You should first send her a DMCA take down letter if you own the photo. If she took it, she owns it. However, especially when it comes to minors, and adults for that matter, when persons use photos online or publication they still need explicit permission. Otherwise they can be exposed to liability. Because the photos are of minors, there are even more stringent controls over this. I would recommend sending a letter to the Facebook to take the photos down, given their Terms of Service.

Complaint to Facebook first, demand letter second, then lawsuit if you are really committed to having them taken down. You will need to see a lawyer in your area.

The recommendations in this answer are not considered legal advice for the purposes of ethical, legal and practical evaluation, nor does this recommendation create a retention of counsel agreement between us, wherein an attorney-client relationship exists. These recommendations should never be relied upon without first consulting an attorney in your jurisdiction. I am not your attorney, unless we enter into a written agreement fulfilling the terms of that agreement. The comments posted herein are purely for educational purposes and public discourse only.

Posted

It depends. Generally people own the copyright to the photos they took. If the brother's ex GF took this photo, then she owns it.

Because kids are too young to consent to use of their likeness, one of their parents has to consent --did that happen here, did her father consent to this use of her likeness?

Finally, check Facebook's terms of use to see what it says about using photos of kids. This may be a violation of their terms of use.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Asker

Posted

i took the picture in my home

Pamela Koslyn

Pamela Koslyn

Posted

Ok then it's your photo and you can issue a copyright "take down" notice with Facebook for infringing your copyright.

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