Q: Do I have a right to photos of me taken by my stepmom, an illegal guardian, and posted on her Facebook page?
I would like to get my photos removed from my stepmom's Facebook page as they are my photos that were taken when I was a minor under the illegal guardianship of my stepmom. Since those photos of me were taken by my stepmom who was not my legal guardian, I believe I have a right to them and thus have the right to have them removed from her Facebook page. However, I am unable to confront her about it as she and I got involved in legal issues a few years ago regarding criminal activity (child abuse/battery).
A: I think you would have to file a temporary restraining order and preliminary injunction to order her to remove them. But I think you also would have to add what harm they are doing to you. And put when the last time was that she put one up. Children don't have control of who takes care of them.
A:
I'm sorry to hear about the difficult situation with your stepmother. This is a complex issue that involves several areas of law. Here are a few key points to consider:
1. Guardianship: If your stepmom was not your legal guardian at the time the photos were taken, she may not have had the authority to consent to the use and distribution of your photos as a minor. However, the specific circumstances around the guardianship would need to be examined.
2. Copyright: Generally, the person who takes a photograph owns the copyright to that photo, even if the subject is someone else. There are some exceptions, but in most cases, your stepmom would likely be considered the copyright holder of the photos she took.
3. Right of Publicity: In some states, individuals have a "right of publicity" which allows them to control the commercial use of their name, image, or likeness. However, this typically applies to public figures and is less relevant for personal photos on social media.
4. Facebook's Policies: Facebook has its own policies for removing content. You can try reporting the photos to Facebook and explaining the situation. They may remove the photos if they determine that the content violates their terms of service.
5. Legal Action: Given the history of legal issues and allegations of abuse, it's advisable to consult with an attorney before taking any direct action. An experienced lawyer can help you understand your rights and options based on the specific details of your case.
In summary, while you may have some recourse to get the photos removed, the situation is complex due to the copyright issues and your personal history with your stepmother. Consulting with a family law attorney and potentially an intellectual property lawyer could help clarify your options.
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