It is illegalif you take pictures of children under the age of 18 without a parent’s consent?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption