QUESTION
What is the legislation that states a parent's permission is needed before images of a minor under 13 can be posted online and promotional materials?
Asked on Sep 17th, 2015 on Contracts - California
More details to this question:
Recently, I took my 11 mth old for a photo session at the photographer's house. He said he would give me 10 retouched photos but he never did. He only sent me 2 raw photos. I found out that he had posted photos from the session of my 11 mth old on his business Facebook page without my consent. I want him to take the photos down but I want to know what is the legal basis so I can make him comply.
1 ANSWER
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I think you may be thinking of COPPA, but that involves sites targetted at under 13 minors which collects identifying information via "cookies" about the children.
Your issue is more like copyright infringement, except the photographer, not the subject, normally owns the IP/copyright (depending on if your contract had a "work made for hire" paragraph.)
There are also potential issues regarding right to privacy, right to publicity and other legal theories.
Personally, I would ask nicely and try not to depend on legal remedies.
Answered on Sep 17th, 2015 at 1:15 PM