When reflecting upon this case (http://news.bbc.co.uk/2/hi/8094420.stm), I immediately began questioning the means in which the restaurant owner came to use this photograph. The article states the owner received the image from the internet and believed it to be a computer generated image which would be fair to utilize in the business setting; however, based on the family's point of view, their photograph was never intended to be used for public advertisement. There may have been a mistake made by the family when posting this particular image on a internet blog which would allow it for public use; however, the article did not clarify this point exactly.
Because of the context of this story, I do believe the restaurant owner was indeed in copyright infringement. After all, he used the image to advertise his own delivery business. However, he did take measures to take the photo down from his business in order to abide by the family's wishes. If he chose not to, I believe the family should have taken additional measures, but this is simply not the case. I do believe the business owner had the right intentions and simply did not do his research behind this particular photograph.
In order to apply this particular case to the classroom setting, I believe it is the educator's responsibility to research images (or materials in general) which could be used for advertising purposes (whether it be a school program, fundraiser, etc.). Because the aforementioned photograph is a personal family photo including minors, I would believe it would be best to seek permission to use the photo for education purposes before utilizing it for any reason.
Well done!
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