vivi

[vivi]

My jurisdiction is: NY/USA

A photographer came to my child's school and he took pictures of each child. One by one. My kid brought these pictures home with the offer of buying them. That photographer submit that picture on his website. And he gave us info how to see that picture. The very first thing we had to do is to open an account to be able to see that picture. We can't do "save as...", I think his web site does not allow to do this. My point is, was it legal to put my child's picture online without my permission even if we are 'virtualy' the only people who can see it unless we share the info. My child is 10 years old. Thank you.

 

[dee_dub]

Why would it be illegal? It's not an invasion of privacy. You're the only ones that have access to the pictures.

 

[Michael Wechsler]

This isn't an easy question - in fact, it has become a popular phenomenon where people's pictures appear online for purchase. Was your picture available online privately or was it made generally available in a gallery? You said it was private, as best as you can tell. I'd probably be upset with the school and ask them about their giving permission for the photographer to take pictures. Typically this is an activity where a school obtains permission from parents before taking pictures since there is no parental consent here, implied or express.

Quite frankly, as angry as you are, if the pictures are private then what are your damages if you lace into the school and the photographer? They will simply take the pictures down. Personally, I'd want to make sure they are destroyed. What concerns me are the photographers who keep the pictures of children who later may even become famous... etc. Good luck.