Legal Question in Technology Law in Pennsylvania

Parental Permission publishing photos of children

My daughter's girl scout troop leader says she can publish photos of my daughter on the troop's website if she choses to and does not need my persmission. She says if she takes the picture then it is hers to do with as she likes.

Asked on 1/05/09, 7:11 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)
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Re: Parental Permission publishing photos of children

You asked about publishing someone's image without their consent.

You are both wrong. The use of images is pretty technical, but generally a person has a right to privacy that a general photographer cannot infringe. News photographers have greater latitude to use images of persons that is not enjoyed by private parties.

In most cases a release should be obtained for every person who is identifiable in an image that is to be published. And posting on a Website is without question publication.

The question arises as to what use is allowable. If the image is a scene the happens to include a person's image then that is less likely to cross a bound, whereas an image that consisted solely of one person would be more likely to require consent.

You can reason with the person, and explain that a person has a right to privacy. But if that doesn't work there are other methods such as complaining up the chain of command. Also, you can look to see if the Digital Millennium Copyright Act provides any means for satisfaction. Barring satisfaction there you could hire a lawyer and seek satisfaction legally and let the courts determine what is or isn't fair.

If the image is harmless, you are much less likely to prevail than if the image, or use, is disparaging.

Regards,

Roger

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Answered on 1/06/09, 11:26 am

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