An anonymous reader writes: Hypothetical-
Let's say I allowed my kid, who is probably around eleven years old, to attend his similarly-aged friend's birthday party at a local arcade. The friend's mother, as well as two employees, were at the arcade supervising during the party. The employees took pictures of my kid as well as all the other kids during the party, and posted them on the arcade's website in their photo gallery. However, before doing so, they checked with the mother who gave permission. Now let's say I've watched too much 20/20 and the idea of my child's picture being posted on the internet scares the bejeesus out of me. Where would I stand?
The arcade was closed at the time and would not under any circumstance let people not involved with the party in. Is it considered a public place because some members of the public were paying to be there? Or was it considered private because not just any member of the public could walk in and pay to join the party?
If it was considered private, does the mother's consent to post the pictures apply to just her child or extend to all the children there?
And what about the fact that it was posted on the store's web site? Is that considered commercial use of the photos, since the pictures are posted in a context that would advertise the store? Or is it considered artistic or editorial?
Note: I'm neither the store owner, nor involved in any way with the party, and the store would indeed take the pictures down if anyone had problems with them. I simply found the situation had been raised and its elements interested me from a legal standpoint.
