Los Angeles, CA asked in Intellectual Property and Juvenile Law for California

Q: An employee took a video of a child at a private tennis court and posted on social media and it went viral. Legal?

The child is 9. The employee was taking videos of the court for marketing purposes. This video was not used on the company account but was posted on a personal Instagram account that is used for personal gain. The post encourages violence but does not violate the community guidelines of Instagram. The parents are upset that the content was taken and posted without consent. No waiver or release is required or was signed to use the facility. There was no policy against video taping in the facility by the public or employees. The parents have asked the employee to remove the post, but the request has been denied. The facility has asked the employee to remove the video, but that request has also been denied.

How can the parents and facility force the removal of the video? Is there a case against the privately owned facility?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: This question is posted in the employment law section of this site. This is not an employment law question. It is, instead, an intellectual property/usurpation of name and likeness claim. The parents need to find an attorney who works in that field.

Good luck to you.

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