Legal Question in Technology Law in California

What rights do I have when my daughters photo is displayed in a website.

I was sent a link the other day from my Sister-in-law to her already established Website, where she calls herseld a DJ (Disk Jockie). She provides a multitude of music and religous inspirations. This particular link of intitled ''Our Family'' wherein she has posted numerous photos of my mother. Grandmother, my Brother (her husband), her grown up childern with their kids, her relatives on her side of the family, and also several photos of her friends. She then brakes them down into categories. She never posted photos on My wife or I, but has posted MY daughters photo as her ''sweet niece''. My daughter is only 9 yrs old, and this is a public site. I feel I have the right not to have my daughters picture posted on her website, and I think I should have some say so in whether the picture is to be posted on her website. I know that the school district here in Las Vegas, NV, has to obtain my premission before posting my daughters picture is to be released to the internet. Please Advise!


Asked on 10/31/03, 12:26 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What rights do I have when my daughters photo is displayed in a website.

I'm not 100% sure -- this area of law is evolving rapidly -- but my impression is that so long as the child's picture is not posted for a commercial purpose and there is nothing offensive to morals, there is no legal action available to force removal of the pictures from the Web site.

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Answered on 10/31/03, 12:27 pm


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