QUESTION
Do I have any legal recourse if an image of my son is being used for commercial purposes?
Asked on Jan 01st, 2012 on Entertainment Law - New York
More details to this question:
My son is not a model, and I don't know how they got a picture of him, but the image is definitely him. It looks like a cartoon version of him, but obviously from a photo. We did not authorize this company to use his likeness, and I am concerned with how they got it without my knowledge. Do I have any legal options? I will send pictures for comparison.
3 ANSWERS
civil litigation Attorney serving Portland, OR
at
Morinaka Schworm LLC
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Your son may be able to exercise what is called his "right of publicity." There may also be some right of privacy claims. However, whether or not a suit is successful depends on many factors.
Answered on Jan 05th, 2012 at 10:48 AM
ADR Attorney serving Albuquerque, NM
at
Mathis, Regazzi & Associates, LLC
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Use of ones image for commercial gain without consent is a violation of the right of privacy.
Answered on Jan 05th, 2012 at 10:40 AM
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Yes especially if you live in NY where your son's right to privacy/publicity is protected by Civil Rights Law sections 50 and 51.
Answered on Jan 05th, 2012 at 10:38 AM