Legal Question in Business Law in Wisconsin

Photos used on the Internet

My wife runs a home based daycare, and I have designed a website for it. on the site we have many photos of the children that are or have been in care. All the photos we have are taken with permission from the parents to do so. also they have given permission for us to use these photos in a scrapbook, on the website, and for other general use. 3 months after a child has left the daycare the mother is requesting that her daughters pictures be removed from the website. is this parent in the right can she request that we remove the pictures and do we have to remove them or are we the legal owners of the photos since we are the ones that took the photos and she gave us permission to takethe photos. here is a copy of what she signed. I (parents Name) give permission for you to take pictures of my child/children while in attendance. []for a scrap book [] for a web page (web address) []general use

please check box to indicate how you would like the pictures to be used.-----------------I (parents name) do not give permission for you to take pictures of my child / children while in attendance. the mother did sign and give permission for us to use the pictures for a scrap book the web page and general use with no stipulations.


Asked on 5/28/05, 6:14 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Photos used on the Internet

Greetings,

To give you an accurate answer as to whether you could legally keep the pictures on the webpage, I would have to do some research and work with you on that. It seems like it could go either way, and don't want to hazard a guess without having done my due diligence. However, I can tell you my gut reacation. Take the pictures off the page. Get some new ones. It seems like the bad PR you could get from sticking to your guns may outweigh the benefits. Again, that is just a thought, based on what little I know from the email. You need to weigh the pros and cons yourself, obviously.

Best wishes, Mark J. Mahoney 984-4529

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Answered on 5/29/05, 6:01 pm


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