Legal Question in Technology Law in California

pictures of minors

i have pictures of my godson up on my myspace and his mom (someone who i use to be friends with) wants me to take them off just because she doesnt like me any more. am i obligated to remove them?


Asked on 11/05/08, 12:12 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: pictures of minors

While you do have some First Amendment rights to publish photos of your family, the parents of the children may succeed in forcing you to remove the pictures from your myspace page... if not by asking you nicely, they may have the right to issue a DMCA takedown notice.

You could fight it, and maybe win, but at what cost in dollars and burnt bridges.

Morally, the thing to do is take them down, respecting the parents' wishes.

If you're using the images in any way that might be construed as "commercial"... that fact weighs strongly against you, too.

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Answered on 11/06/08, 10:38 pm


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