QUESTION
Can I sue a company for using a pic of me even if it was not my personal picture to begin with?
Asked on Jul 22nd, 2013 on Commercial Litigation - New York
More details to this question:
A photograph took a picture of me while playing Carnival 3 years ago in a different country. Recently I saw that a company from the same country used my picture and added it to their carnival ads for 2013. The picture is on their facebook page as their main cover page and recently I also found out that they are printing that ad in different magazines and Newspapers. Can I sue the company even though the picture don't belong to me? Furthermore I didnt even know the picture existed until now.
1 ANSWER
Matrimonial Law Attorney serving New York, NY
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Law Office of Gerry Wendrovsky
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The important issues here are not whether you 'own' the photograph or just became aware of it; rather, it will be whether the company can be sued under the laws of the jurisdictions where it does business for using the 'likeness' of someone(you) for commercial use. This requires a detailed analysis, which will require you retain counsel.
Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer
www.upperwestsidelawyer.com
Answered on Jul 22nd, 2013 at 1:04 PM