Legal Question in Intellectual Property in California

Whether classmate.com has violated any law will depend on whether the school or yearbook maker acquired a license from the person which allowed them to sell it to a third-party and whether classmates.com has acquired such a license from them. If the school or yearbook makers did not acquire such rights from the person and classmate.com did not acquire those rights themselves, it is likely that classmate.com may have violate some privacy rights.

I would suggest in reviewing any licensing agreements between the students and the yearbook maker, and inquiring on whether classmate.com has acquired those rights. This situation can get pretty complicated and maybe costly to litigate. My advice would be to contact classmate.com if you want your image removed and/or contact an intellectual property attorney to assist you.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

Yes.

The other attorneys are right on point here. Privacy rights may be violated by this practice. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

When Mr. Stone answers "Yes," does he answer the "Is this legal?" part of your question, or the "Is Classmates setting itself up for a class action lawsuit?" Or both?

My guess is that students sign releases with yearbook publishers/printers at the time they submit their photos and provide their names, and that Classmates has purchased limited rights from the publishers. Therefore, my answer is that it's probably legal and there will probably be no class-action suit, or that if there is one, the plaintiffs will not win. My high-school picture was Class of 1957, and I still remember my parents signing something that I had to turn in with my selected photo proof.

In any case, there is always the issue of damages. You need to plead and prove some monetary harm or other compensable injury to yourself. What's the exposure to others of your umpteen-years-ago call mug shot gonna be worth in money damages? Me, I couldn't prove a nickel's worth.