Legal Question in Technology Law in California

Re: Photographs of Children

Copyrights in photographs are owned by the person who took the photographs, unless that person is taking photographs within the scope of their employment or there is a written agreement to the contrary. A parent will own a photograph of his or her child if he or she actually snapped the shot.

Re: Photographs of Children

Normally the photographer owns the copyright to his or her photographs. If the photographer is acting as someone else's agent then that person will usually own the copyright. But no, copyright ownership does not automatically go to the parents of children in a photo.

The website has a copyright interest in its images, though images that include images copyrighted by others can cloud the picture. The mere fact that one of these pictures shows your children, though, does not make you the owner of it.

That said, a photographer does not necessarily have the right to publish identifiable photos of others -- especially children -- whenerver and wherever he wants. The specific facts of the case -- such as whether the picture was taken in a public place -- can affect his rights.