How to handle photos made of an event where the permission to take photos was withdrawn afterwards I hosted a workshop event on Friday and Sunday. I invited a photographer to take pictures of workshop participants and I had every participant sign a permission statement that these pictures could be used in a final presentation. Now, there was one girl, which was 14 years old and her parents signed the permissions to let her take part and the permission that I can use the photos. The parents weren't happy with the workshop and they won't let her take part on the Sunday event. Also they withdrew the permission to take photos of their child. They wanted the permission back physically and I couldn't do much but giving it to them. Now I have the problem that this girl is on most of the photos and I need photos for the final presentation. Is it OK to use the photos but pixelate or obscure the child's face? Or do I need to even respect the parents' request to not use the photos? Notes: I gave the parents the permission back, also I'm 18 and this is my first workshop or event I'm planning so all the people I'm working with don't trust me very much.
Permission is not a physical thing that disappears when a piece of paper evidencing that permission is lost or handed to another party. When someone gives you permission as part of an agreement having the necessary characteristics of a contract, then the revocation of that permission is governed by the terms of the contract itself and your jurisdiction's contract-law. You may not need any permission to use the photos you paid to have taken. (For example, in the U.S. if they were taken in a public place and you are not displaying them for profit.) Or, you might need permission due to various rules or laws protecting minors – only an IP lawyer familiar with your jurisdiction can confirm this is the case – and, unless it was drafted by a competent lawyer, it is quite possible that your "permission statement" was legally insufficient or defective. Or, you might have legally secured necessary permission and still have that permission even though you handed the "permission statement" back to the parents of the subject. In practice: Only a lawyer in your jurisdiction can offer an opinion on which of these scenarios is in fact the case. And only via litigation can you establish further confidence that legal opinion is correct.
So I can block children under 13, but I can't tell them that? You can tell them after they fail, you cannot tell them on the asking screen. Then what is the correct way to block children under 13 to access my website and still comply with COPPA? I agree with you that it is odd that they recommend using a cookie but they do!* So you have a entry page with a simple question, "Please indicate your age" and then block based on the response. That's it. Note that the rule is neutral. This means that you do not need to disguise your purpose or try to trick people into entering their correct age. *I think that what is happening here is that any parent who wants to complain to their legislator can be met with the response, "If your kid is so sneaky that they are using different computers to lie about their age what do you want us to do about it?" The fact is, this scheme keeps innocent kids from seeing stuff they shouldn't; the sneaky ones are going to find a way.
The data you cite as PII are simply facts that are public information; your name, photo, your school, track meets, race times, track records, and you have little recourse against the publishing and dissemination of public information, either on a site like Athletic.net that collects and scrapes public information, or against the original sources, such as news outlets and school officials. Collecting and publishing public information is clearly allowed under press freedoms and the 1st Amendment. And, concerning photos: news outlets have the clear right to photograph people in public spaces and identify them. A possible exception regarding athletic.net is the Children's Online Privacy Protection Rule ("COPPA") for children under the age of 13. But they cover that in their Privacy Policy and offer a removal policy. One other possible exception is FERPA, the federal student record law, as pointed out by user6726 in their answer; see eCFR — Code of Federal Regulations. But your parents may have signed a release to allow the information to be made public. In the event neither of those exceptions is the remedy, you would need a court order to force Athletic.net to remove information, and you would need to show very compelling evidence that such data is harmful to you in order for the court to risk violating the First Amendment. Also see Cyberstalking and RateMyProfessors.com
As stated in the answer to What is considered &quot;public&quot; in the context of taking videos or audio recordings?; if either of the participants is in Australia than unless all parties have given consent then the recording is illegal. Notwithstanding its legality, property in the recording vests in the person who made it. There is no law against him keeping it. There is no law against him publishing it unless the material contained is offensive, hate speech or defamatory (see Customer feedback gathering in Australia).
http://www.wipo.int/edocs/lexdocs/laws/en/dk/dk091en.pdf is the Copyright Law in English for Denmark. You should probably try to find a Danish version to ensure the translation is accurate. Chapter 2 lists the exemptions from the general rule that you need the copyright owner's permission to use their IP. Unfortunately, the usage you have made does not meet the requirements for private use (s12): digital copies may only be shared among the members of one household, placing them on the web extends beyond your household. It may meet the requirements of educational use (s13) providing that your school has met the requirements for Extended Collective Use (s50). For photographs, this seems unlikely, such arrangements are usually limited to songs and television works. Under Chapter 6b, you are permitted to use "orphaned works", however, this requires that you have made a diligent search for the owners and have been unable to either identify or locate them. Copyright violation is subject to both penal sanctions (fines and in egregious violations imprisonment) (s76) and damages (s83). TL;DR Yes, you could be sued. Yes, the copyright holder would probably be successful. No, it is extremely unlikely they would bother.
In NSW Australia this is covered by Division 15A of the Crimes Act 1900 which deals with Child Abuse Material. Under Section 91FA a &quot;child&quot; means a person who is under the age of 16 years - the situation you describe would be between consenting adults in NSW. “Child abuse material” can be text or images that are sexually explicit and would be “offensive” to a normal person (which means offensive to the particular jury) Assuming Jane is 15 or less, however, prima facie the image would be child abuse material and under Section 91H &quot;A person who produces, disseminates or possesses child abuse material is guilty of an offence.&quot; The punishment is up to 10 years in jail. Section 91H provides a number of defences, the most relevant to the circumstances you describe being: that the defendant did not know, and could not reasonably be expected to have known, that he or she produced, disseminated or possessed (as the case requires) child abuse material. that the material concerned came into the defendant’s possession unsolicited and the defendant, as soon as he or she became aware of its nature, took reasonable steps to get rid of it. (for possession only) If, considering all the circumstances of the relationship, Joe doesn't know and could not reasonably be expected to know Jane's age then he can use the defence under S91H(1). If he did not request the picture and as soon as he was aware of Jane's age, deleted it, then he can use the defence under S91H(2). The outcome is not so rosy for Jane: she is guilty of both production and dissemination of child abuse material and (assuming she knows how old she is) faces up to 10 years in jail (14 if she is under 14) and registration on the Sex Offenders List for life. It is admittedly unlikely in the circumstances that the state would prosecute her and, if they did, it is very likely that the judge would rule that no conviction be recorded.
Probably not new-south-wales s91Q of the Crimes Act 1900 NSW makes intentionally distributing intimate images a) without consent and b) knowing they did not consent or being reckless as to consent. The person in question has been told that intimate images sent to this destination will be shared. Their sending them after this is probably consent.
"Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work." Copyright in Derivative Works and Compilations http://www.copyright.gov/circs/circ14.pdf So if you have not been granted authorization, you are violating the right of the owner. It's always recommended that you get permission. Practically speaking, if the owner does not give you permission, there is probably someone else with a similar photo who will! Pretty famous recent case: Barack Obama "Hope" poster