QUESTION

Is a company liable for hosting images of children on their systems without permission from the parent?

Asked on Feb 01st, 2022 on Internet Law - Colorado
More details to this question:
Shutterfly purchased Lifetouch. Lifetouch was/is the monopoly for school pictures for many schools. My children had their pictures taken and those assets managed by Lifetouch. When Lifetouch was bought, Shutterfly took possession of those assets and rom what I can understand from their support, copied them and began hosting them on a separate system. In essence, I can now pay Shutterfly to print images of my children. I now have two separate logins to access two separate websites, both who have images of my kids on their servers. I likely agreed to a terms of use for Lifetouch but never did so with Shutterfly and I am bothered that these images not only exist in perpetuity but are being shared between one if not multiple entities in the Shutterfly ecosystem. I am seeking a guarantee that these images are permanently removed from all systems, but it seems to me this is a very large and disturbing scenario for any parent concerned about the privacy of their children.
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1 ANSWER

E-Commerce Law Attorney serving Akron, OH at Andrew M. Jaffe, Attorney at Law
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If you took the pictures you own the copyright and can send a DMCA take down notice to the websites.  If someone you know took the pictures they can transfer the copyright to you in an email.   If the pictures were taken by a 3rd party and your children were in public there is no expectation of privacy and the pictures cannot be taken down.
Answered on Feb 02nd, 2022 at 11:17 AM

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