QUESTION
what is the probability of getting sued for using picutes of yourself that someone else posted?
Asked on Feb 26th, 2012 on Entertainment Law - Oregon
More details to this question:
We had a fire performance and someone took photos and video without our express permission and posted them to facebook. My manager then used a couple of the pictures and edited them into a video which was taken by a friend. Now the person how took the photos is claiming they can sue us because we used them even though it''s of us and our art form and they took and posted them without asking in the first place. Should we take the video down? Do they actually have good cause to sue us?
1 ANSWER
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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The owner of the copyright in a creative work is the person who created that work, except under circumstances that don't seem to apply here from what you said. You cannot use their photographs without their permission - to use them is copyright infringement. However, they may be limited in how they can use the photographs if they portray you or your group under your right of publicity. Rights of publicity prohibit the use of another person's likeness or image for commercial purposes without their permission. There are exceptions to the right of publicity, and these rights and exceptions vary from state to state. Consult an attorney who is knowledgeable in these fields to see if you can prevent them from using their own photographs of you in this manner.
Answered on May 27th, 2012 at 9:50 AM