QUESTION
Can a picture of me posted on someone else''s face book page be sold to a marketing or entertainment company?
Asked on May 16th, 2012 on Entertainment Law - Nebraska
More details to this question:
If I specifically ask someone not to post a picture of me on their face book page and they post it anyway. That picture is sold by face book, which my understanding is that anything posted to face book becomes the property of face book, to a marketing or entertainment company then used in a ad campaign or promotional campaign, do I have any legal recourse against the person who posted it or face book?
1 ANSWER
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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No one can use your image for commercial purposes unless you give permission. The question becomes whether Facebook has the right to use the picture if your friend posted it without your permission. Likely the answer is no, unless there is something in Facebook's agreement that says that you have consented by your use of Facebook. You will have to check Facebook's terms and conditions to see if somehow you gave your consent. If not, your image cannot be used under the law of privacy rights/publicity of most states.
Answered on May 20th, 2012 at 4:27 PM