LEGAL LIABILITY FOR FAMILY SNAPSHOTS?

A PDA may be a definition for a “Personal Digital Assistant,” an electronic device which may include calendar functions, note taking functions, a simple word-processor, a calculator, etc. Stand-alone PDA’s have now largely been supplanted by smartphones. PDA may also, however, refer to a “Public Display of Affection,” including, but not limited to, hugging, kissing or even “grinding.” Those types of PDA’s are illegal in such countries as India, Pakistan, South Africa & North Korea. In Utah, a Walgreen’s photo technician discovered photos of a man kissing a naked baby on his face and buttocks. That man was subsequently arrested and deported, his wife was  also arrested, and the child removed from the home. Those charges were later dropped after police determined that there had been no sexual abuse; rather the prosecutors, upon consideration of all of the photographs taken at the time, determined the accused was merely a proud father kissing his baby after a bath.

Lesson learned; those cute pictures of your baby having her diaper changed and Dad puking, or pulling off her swimsuit in the backyard blow-up pool may best be kept in one’s personal archives and not posted on Facebook or Flickr. Posting such shots on the web may attract pedophiles, put the parents at risk of prosecution or, even more significantly, may find their way into some undesirable’s  photo collection.

Thanks to digital photography such images can be stored and viewed within the confines of one’s own computer and on one’s own video screen. It’s probably best that such “endearing” images be kept within those confines….and don’t forget to archive them, at home only, so they can reappear on the eve of the photographed individual’s betrothal and displayed to his or her intended.

About ERIC WACHSPRESS

The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void. I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
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