Legal Question in Technology Law in California

Re: Pictures of children

Unauthorized use of anyone's likeness for a commercial purpose is not, to my knowledge at least, forbidden by statute. However, it is a generally recognized principle of tort law that unauthorized use of someone's likeness for a commercial, for-profit purpose is a violation of their rights, both their right to privacy and their right to control and profit from the commercial exploitation of their likeness.

There is a famous case from years ago introducing and defining this principle. A photographer for an advertising agency took a picture of a very charming and healthy-looking pre-teen girl at a county fair, and later sold it to a fruit wholesaler for adorning the labels on baskets of peaches. The parents noticed the baskets and sued and won. The court said not only was it an invasion of privacy, it was a misappropriation of the family's rights to profit from commercialization if they wanted to do so. Significant damages were awarded.

There are several exceptions, including a first-amendment right to publish truly newsworthy photos in the public interest, etc.

In your case, possibly there is no commercial gain, but the invasion of privacy concerns would still be present. Much better to get written permission in advance.