Can I Post Pictures of Minors?

When it comes to my own children I try to protect their image. I am concerned for how photos of them might be distributed or used and I value the privacy of my family. As such, I do not post pictures of my children on my social media and I deny my permission to organizations that ask to use images of my children for marketing purposes. Generally speaking, though, these organizations may not be required to ask for my permission on whether they can take their picture or how they use photos they take.  However, before using the image of others, you should be aware of the legal rights of others. Violating others legal rights can cause you legal consequences.

What legal rights does an athlete have to protect the use of their image?

• Privacy.  An athlete has a right to privacy. However, it is generally okay to use another person’s name or picture for newspaper stories or another similar use.  For images taken in a public place anyone can take and post a photo of children without parental permission, particularly if the image is used for lawful purposes.  A school or a private facility, though, can impose restrictions. Some states have attempted to pass legislation to limit photographing and posting pictures of minors, but not all have been held up.  Any restrictions by the state must be narrowly tailored to minimize infringing on another’s First Amendment rights of freedom of expression and freedom of the press.
  

 

• Name, image and likeness. You cannot, however, use another person’s name or picture for the purpose of making money (like product endorsements) without that person’s permission. Athletes have a right to use their own name, image or likeness to make money. Athletes can also give permission for someone else to use their name, image or likeness. Athletes have a right to market their own personality in any way they wish. You may be liable if you, without permission, use another person’s name or picture in an advertisement to promote a product or service.

 

• Copyright infringement. If you repost, copy, share or use a photograph taken by another person without permission you can be liable for copyright infringement. This can be particularly problematic if it is used for marketing purposes or to make money.

Get permission to use photos of children.

Ultimately, ask permission from parents before you take photos of other people’s children. Do not surprise people.  Be transparent and explain that photos will be taken and describe how those images will be used. Get permission from parents to use their children’s images for posting on social media, marketing materials, and distributing them amongst a group or community.  Getting consent to use another’s image is the best way to avoid violating another’s rights or to reduce the risk of damaging a relationship or reputation.