A photographer sold a picture of me, but I never signed a contract. Is this legal?

Answer 1

Unfortunately the true answer is: it depends. If the photographer snapped a picture of you on the street, in a public place with no reasonable expectation of privacy, then that's a good start for it being legal. However if he sold it for an advertising purpose, whereby your image is endorsing a product being sold, that changes things in your favor. Ultimately it depends on the circumstances of when and how the photograph was made, and how it is being used by the purchaser. (If the shot was of you, in public, and is sold as a print for artistic rather than commercial purposes, then it is completely legal.) There are so many variables that change the answer to your question. Sometimes it's legal, sometimes it's not. If you feel that you've truly been harmed, or value taken from you, then you should contact a lawyer. If you're simply upset that someone has a photograph of you, then perhaps it's not worthwhile.

Answer 2

Take it from a professional photographer. While it depends on the exact circumstance, you would most likely not win a suit. As my lawyer mother always told me, you can sue anybody for anything, the real question is will you win. The photographer owns the rights to the image and unless he sold you those rights he can sell the picture to whomever he chooses.

Answer 3

No, if a photographer sold a photograph of you which is being used commercially and you did not sign off on it giving permission you can sue him. A friend's daughter worked for Hooter's and they used her picture on a BIG billboard after promising her that they would not use her picture ANYWHERE in the Midwest. She sued and won enough to pay for her college and law school educations. Go for it my dear!

Answer 4

it depends.

were you at a public event? were you at a concert or something else you had to buy a ticket to go to? if so, then yes, it was probably legal UNLESS he's sold it for commercial use (to put you in an ad or something)

often when you buy tickets for an event you'll find that they have a disclaimer somewhere in very fine print that attending the event allows them to use you image...

when you go to a rally or other public event the same sort of things apply. being there allows them to use your image unless it is for a commercial purpose. especally if the event can be considered "newsworthy."

if it is a portait of you (you are easily identifiable and you personally figure prominently in the picture) it isn't legal in most cases.

you can sue, but you probably won't get anything unless he used your face in an advertisement.

Answer 5

If you were at a public event (football game, Tennis Match, Rock Concert) then you would not have a case. If you are a public person (famous, infamous, public employee) probably not a chance. If you are a private person and you posed for a private session in which you paid for the photography work, then yes and you would win. If you did something for trade (pose for pictures), you have half a chance. If you were in public and doing something in public (at a public pool or beach), most likely not. If you were in your own house and pictures were taken of you in your house without your knowledge, absolutely and you should press criminal charges first then sue.

Answer 6

no, it isnt. Without a model release, it's an invasion of privacy. The real mistake was made on the part of the purchaser however who bought the shot without necessary documentation.

If this is the case, it was not purchased by a large company or major magazine, none of them would be that stupid. So I guarantee that you will not find yourself on the cover of Good Housekeeping.

Answer 7

Probably, yeah. Since you didn't have a contract, it's really ambiguous... but generally, unless otherwise stated by contract, they retain the rights to their photographs.

Answer 8

nope. sue! sue! sue!

Answer 9

no it's illegal, sue them