It is illegalif you take pictures of children under the age of 18 without a parent’s consent?
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It is illegalif you take pictures of children under the age of 18 without a parent’s consent?
A barber took a picture of my 16 year old son and is using the picture on business cards. We were never told about the picture. We saw one of the business cards with his (my son) face on it.
Asked on December 24, 2011 under Business Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most situations, people are in a public forum and there is not much that can be done to prevent it. With the advent of social websites now and social functions involving children, proud parents often post pics of their own children, which sometimes may include other minors, as well. Here, it is not a situation wherein your minor child attended a birthday bash and someone placed a photo that included him on their social website photo album. This is a person using your son's photo (presumably taken without his permission) for business cards. If you were not there when the photo was taken and only your son decided it was cool and gave permission, he can undue that poermission and essentially tell the person he does not have legal capacity to agree to this. If you approach the business and find out what happened, you will probably be able to get the salon to stop using your son's image. If you wish to take it a step further and do not expect to return to this salon, contact an attorney to have an attorney send a cease and desist letter to this salon.
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