Legal Question in Intellectual Property in California

can a photographer release photos of a minor to anyone without parents consent


Asked on 2/10/17, 12:53 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It depends. There is a case we all study in law school where the photographer was successfully sued for violation of privacy, when the minor was depicted in an unfavorable light, and another where the suit claimed the child lost an opportunity to market his or her likeness. However, many bona fide news photos depicting children are taken and published every day without signed releases. I'd say use caution, and consider privacy and commercial rights which would dictate non-release versus news interest which could dictate the opposite. If in doubt, get a release.

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Answered on 2/10/17, 1:31 pm


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