Legal Question in Intellectual Property in New York

My 3 year old daughter participated in a dance school for 9 months. I was offered the opportunity to have her picture taken with her class in her recital costume. i paid for it and received the pictures. I was shocked to find out that the dance school had posted her class picture on the internet on her business page. I never signed any release giving consent to do this. Can i force the dance school to remove my daughters picture, even though she is photographed with her class? the same school posted pictures of myself my 3 yr old daughter and my 11 month old son at their christmas party . do i have legal right to have her remove the pictures? i know facebook can remove them but she may just use them again for her own use elsewhere. thank you.

juliette


Asked on 9/04/11, 9:54 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

The answer to your question depends on the contract you signed with the dance school when you enrolled your daughter. Very often, these contracts have a blanket permission to use photographs of individual children and of the classes embedded in them. If you signed the contract that has such a clause, there is nothing you can do about the fact that the dance school chose to exercise its right to use under that clause. You can, however, try to prevent future use by rescinding your permission to use in writing. If they insist that they have a contract and intend to use that clause in the future, well, there are many other dance schools and dance teachers around; use one of them and watch out for the language giving the school the right to use your child's likeness in its advertising.

However, if the contract does NOT have such a clause, you can demand that the school take down your daughter's picture immediately.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 10/01/11, 3:51 pm


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