QUESTION
Could my image be used for someone else's profit?
Asked on Sep 01st, 2015 on Patents - Massachusetts
More details to this question:
I perform Japanese dance locally two times a year as a volunteer service at a festival. There are always photographs being taken, but it seems that one photographer has taken my image, painted me, and intends to sell his work. Is it not illegal to steal my image without my permission and then profit off of it? Thank you for your help.
1 ANSWER
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
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Contact a lawyer in your state to see if there is any local law that protects you from the unauthorized commercial exploitation of your likeness. Such laws vary from state to state - and some have no laws regarding this. Federal copyright law does not protect your public performance of the Japanese dance - as it is not "fixed in tangible form." Thus, federal law does not protect you based on your live performance.
Answered on Sep 02nd, 2015 at 10:30 AM