Legal Question on Katelyn Davis' suicide video: Does the family own her image?

[emilynghiem]

US police 'can't force' websites to remove copies of suicide streamed on social media

12-Year-Old Girl Live-Streams Her Suicide After Alleging Sexual Abuse

POOR GIRL

My heart is just broken that this would happen, that not only was this young girl raped and abused, but then killed herself. And people are finding out because of the controversy over her suicide video.

I wanted to cry yesterday, and maybe I will this week when it finally hits me.
And I think about another friend who hanged herself two years ago in January.
Where I didn't find out until I searched online and found her obituary notice.

Personally, this story hits several issues for me at once.
That poor girl, I wish I could be there for anyone facing something they should never go through, much less alone. Maybe we need a network in every district to try to catch these cases before they go too far, whether sexual or drug abuse, trafficking or crime, whatever kids are facing these days.

This isn't the world I grew up in, where little kids could walk to school in groups by themselves!
Now I wouldn't let a COLLEGE KID go anywhere alone!

My prayers and love go out to anyone who is suffering out there.
I just wish I could send hugs, and make it all better!

END of PERSONAL PART
==============================
As for Legal concerns about media:

My legal question is if the family can demand that the image/video of their daughter NOT be published.

In Texas, I heard from a lawyer that someone's image is automatically counted legally
as a copyrighted image where the rights belong to the person.

Since this girl was a minor, and assuming her parents/family have legal claim to her estate,
wouldn't her image belong to them? Can't the mother or a legal guardian claim authority
to enforce the copyright, and demand not to post or publish any "unauthorized" images,
especially of a MINOR without the parents' permission?

I think we need an educational and legal network, with centers in every city/state, to help people and communities deal with the issues of bullying, abuse, fraud and all manner of media law and safety.

Sorry I think I have to stop and cry. That poor girl. I just can't imagine going through that alone!

 

[Disir]

I haven't come across anything saying they could have it removed. I read the cop had requested it as the right thing to do but noted that legally they could run it.


I feel badly for the family and I'm not sure they are even in a place to deal with all that.

 

[SassyIrishLass]

I can't believe any site would run it. Sad situation

 

[JoeMoma]

If I as an adult do something stupid in public, I wouldn't think that there is any implicit copyright of my own image that I can use to keep a second party from making a video and posting it on the net. There may be some laws regarding images of minors but I don't think it would fall under copyright law.

Then again, I'm just speculating. I am not a lawyer.

 

[JakeStarkey]

How could the courts order that called back?

If the little girl was abused, she destroys the family, and she still loses.

If the little girl was lying, she destroys the family, and she still loses.

And the family is forever tarred, stained, before the world.

The human heart aches.

 

[Preacher]

I have seen the video but I just couldn't listen to it...its about 40 minutes long...I just couldn't listen to her mom yell for her etc....just no....I hope it gets taken down I really do.

 

[Moonglow]

It's sad,the act that she was driven to suicide by her family..The video should stay...A testament to what happened..

 

[Moonglow]

I have seen the video but I just couldn't listen to it...its about 40 minutes long...I just couldn't listen to her mom yell for her etc....just no....I hope it gets taken down I really do.

But you support a murderer and gleefully enjoy the death of people you don't like because of their color....You poor insensitive bastard, you want us to believe you have empathy or compassion for humans, but only if they are white...