QUESTION

Photographer took my pictures and I didn’t sign anything to post them on the internet can I stop him?

Asked on Dec 05th, 2012 on Entertainment Law - Oregon
More details to this question:
There was not any paper work that I signed. I want him to not post the pictures on his Facebook page.
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11 ANSWERS

Ronald A. Steinberg
Send him a letter telling him that you did not give him permission to invade your privacy, and that his unauthorized use of your picture will result in litigation. If he does not stop, then sue.
Answered on Dec 17th, 2012 at 3:48 AM

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There are two things you can do.You can notify the photographer that you are not giving him permission to post the pictures and request that he does not post them anywhere on the Internet.You can also contact Internet sites like Facebook and notify them that the photographer has posted pictures of you without your permission on his page and request that they shut down his page until he removes the photos.
Answered on Dec 10th, 2012 at 2:02 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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There is no law that I am aware of publishing pictures with or without the subject's permission. In fact, to an extent, the first amendment which provides freedom of speech (and communication) protects ones right to publish. Sometimes on TV you see where people have signed a release to allow this. This may be more TV than real life. In real life, such releases can be helpful if you are using someone's picture to make a profit without the person's permission. Most states have laws that allow a person to sue when someone is using their picture of likeness for profit. There are laws that allow suits for invasion of privacy. What is an invasion or privacy is somewhat vague. If the photographer took your picture without your knowledge and posted it, this might be an invasion of privacy. If you have not asked the photographer to quit posting your picture, try this. The photographer may not know that it bothers you. If this doesn't (or hasn't worked), perhaps consult an attorney about a potential invasion of privacy case. If the photographer is using the photo to promote his business, it may also be a case of using your photo for profit. Either way, if there is a potential claim, perhaps a threatening letter would help. If none of this weeks, you might consider making his actions public. Post comments on his page, other pages, wherever you can, stating that he has published your photo without permission, that he cannot be trusted, that people should be wary of doing business with him. This might persuade his to take the picture down. However, be careful, he may want to sue you for defamation. If he asked me what he could do about your actions, my answer would be similar. There is no clear law against what you are doing, except perhaps slander. But there are all sorts of problems with a slander case for this. Perhaps a larger danger is that he goes on the offensive and publishes all sorts of derogatory comments about you. By the way, if it is a flattering nice picture that he took of you, and he is posting it on his page just to show examples of his work, again, if you ask, I expect he would take it down. However, if that is the case, and he won't take it down, perhaps you should just be flattered that he thinks enough of your picture to use it in this way.
Answered on Dec 06th, 2012 at 2:36 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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Send the photographer a written communication requesting that he not post the pictures.
Answered on Dec 05th, 2012 at 11:36 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You should be able to get a restraining order.
Answered on Dec 05th, 2012 at 11:31 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Facebook is all new ground in the law. Have you asked the dude not to publish? What harm will it do? Why did you have the picture made to start with? Etc.
Answered on Dec 05th, 2012 at 11:26 PM

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Susan Marie Basko
On Facebook, go to the photo and at the bottom, Click OPTIONS and then report. File as many report categories as apply. This should get the photo removed. If not, you will need to take further action. Tell the man in writing that you forbid him to use the photos of you in any way. If he won't stop, you may need legal help. If he really won't stop, try filing a police complaint for harassment. Also, if the photos are nude or semi-nude, there are different laws that prevent people from posting such photos without your permission. Since the internet is in every state, the laws of various states will apply. This way, you should be able to file a good criminal complaint against him. Also keep in mind that if someone posts nude or semi-nude photos of you without your permission, you should be able to sue them for intentional infliction of emotional distress, harassment, and possibly other things. Preserve the evidence by saving the pages as pdf, and talk to a lawyer very quickly.
Answered on Dec 05th, 2012 at 4:06 PM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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Contact Facebook through it's online help page and file a request that the photos be removed.
Answered on Dec 05th, 2012 at 2:46 PM

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Daniel P. Mitchell
You should write the photographer a letter and demand that he or she not post the photos on the internet. Florida law recognizes the tort of invasion of privacy when a party misappropriates another's likeness for commercial purposes. The photographer could be liable to you for damages.
Answered on Dec 05th, 2012 at 2:46 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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If he photographed you while you were in a public place (street, sidewalk, park, governement building, etc.), you probably don't have any power to force him to take the image off the internet because there's no right to privacy in a public place. The same goes for images of you in a private place that is easily visible from a public place. However, if the photographer's use of your image places you in a bad light or harms your reputation then you may have a claim. Your best bet will be to just ask the photographer to remove the image.
Answered on Dec 05th, 2012 at 2:46 PM

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Theodore M. Roe
You have rights to your likeness and if you were a model in a photoshoot or in a film you would have likely signed a model release. Absent this release you can prevent the photographer from publishing the photos.
Answered on Dec 05th, 2012 at 2:45 PM

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