Legal Question in Intellectual Property in Illinois

Although she would own the copyright in the photograph, any existing "right of publicity" your son may have under Illinois law is not trumped by her copyright. See http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2241&ChapterID=62 and, if you need to, an Illinois lawyer (I am not one) rather than a copyright lawyer.

As a Franchise Attorney I agree with the other attorney answer. What you need to do is have an attorney write her a cease and desist letter. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

You need to note that in Illinois that there is a law called the Right of Publicity Act (765 ILCS 1075). That law states in part that, "A person may not use an individual's identity for commercial purposes during the individual's lifetime without having obtained previous written consent from the individual, his or her authorized representative or a transferee of that individual." "Identity" is defined in that law as meaning any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener, including but not limited to (i) name, (ii) signature, (iii) photograph, (iv) image, (v) likeness, or (vi) voice" and "Commercial purpose" is definded in that law as meaning the public use or holding out of an individual's identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising."