Nanny Posted Photos of Toddlers Without Permission | QOTD
Question of the Day: Our former nanny took photos of our toddlers at her house. We asked for a copy and she refused. She posted the photos on Facebook and we asked her to remove them, and she won’t comply. Is this legal?
Given that almost everyone has a camera in their pocket these days, parents should be clear with their children’s caretakers about when they’re allowed to take photos and videos of their children and what they’re allowed to do with them. In this particular situation, it may not be illegal that the nanny took and posted photos of the kids, as long as she’s not making money off of them – i.e., using them to promote herself as a nanny. The nanny is likely the copyright holder of the photos, but the parents can assert their children’s right of publicity.
If this nanny is affiliated with an agency, it would be worth reporting the situation. Additionally, if there is a website where the parents can leave a review of the nanny, they can also do that – assuming they only post what is true and what they can prove, so they don’t set themselves up to be accused of defamation.
If legal questions were easy, we wouldn’t need lawyers.
Who Owns the Copyright in a Photo - the Subject or the Photographer?: • Who Owns the Copyright in a Photo - the Su... .
Don’t Slander People on Facebook: • Don’t Slander People on Facebook | QOTD .
Photo Posted Online Without Consent: https://bit.ly/3cIRek7.
Who to ask for permission to use a photo: http://bit.ly/2jfVe1v.
Ruth Carter is an attorney at Venjuris Law Firm in Phoenix, Arizona – a firm that focuses on business, intellectual property, and internet/social media law. They are also a professional speaker, blogger, and author through Carter Law Firm.
Books:
The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed: http://amzn.to/1FpqUE2
Flash Mob Law: http://amzn.to/1XpauoD
The Legal Side of Blogging for Lawyers: http://amzn.to/1VKdFbB
If you have questions or want to chat, you can see all the ways to contact and connect Ruth Carter here: http://carterlawaz.com/contact/
Twitter: / rbcarter
Facebook: / undeniableruth
Instagram: / undeniableruth
LinkedIn: / ruthcarter
Legal Blog: http://carterlawaz.com/blog/
Personal Blog: http://undeniableruth.com/
Venjuris Law Firm: http://www.venjuris.com/
My Blatantly Honest Lawyer Bio: http://bit.ly/2lyfgJr
Disclaimer: This video does not constitute legal advice. Watching this video does not create an attorney-client relationship with any viewer. If you need personalized legal advice, hire an attorney.