My nephew was arrested in Florida, but then quickly released. This website: http://www.florida.arrests.org is not affiliated with lawful authorities, but has gathered mug shots from Florida sheriff's offices and openly publishes them. Can they lawfully take my nephew's image and information without his permission and publish it on their own website, which contains advertisements?
As a Franchise Attorney I can say the following. The answer depends on (a) whether the website obtained the mug shots from public records; and (b) whether it is using this photos for a commercial use. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation