Legal Question in Business Law in Massachusetts
Hello. I have a question as to whether my situation falls under the right to privacy law. I am a coach and use an online private coaching service in addition to coaching at the local high school. My profile page lists a former athlete who has asked me to remove his name, simply because he is a vindictive individual. I have coached hundreds of athletes and have listed most of my top performers by first initial, last name, year of performance and type of performance as evidence of my expertise. I am the coach on record for the years I coached him and that information can be fond anywhere, and has been printed online and in newspapers. Is listing his name illegal and do I have to remove his name? He graduated over a year ago from the high school i coach at. Thank you.
1 Answer from Attorneys
Assuming this student does not constitute a public figure, you cannot use his name without his consent. Even if he is a public figure you can list his name but you need to state that the listing of athlete name does not constitute an endorsement. I assume most of the students you have coached were minors at the time you coached them and do not constitute public figures, as such you need a consent signed by them or their parents if they are still minors to be able to use their name. However, if you do not get their consent and continue to list them you need to remove their names if and when they ask you to do so.
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