Is it against the law for a business to post my photo in a an advertisement without my knowledge or consent?

Question

my photo was posted on the web by a certain resturant with out my knowledge or consent.

Answer 1

i would be eating free at that place for the rest of my life! :) honestly, it may be worth more to you to sit down and have a chat with the restaurant owner/corporation. u'll probably come out better getting perks from the restuarant, as opposed to trying to sue.

Answer 2

It isn't clear to me whether you want some sort of compensation, or you want the picture taken down.

I'm sorry, I don't know the law, but if you want the picture removed, try talking with the owner or manager of the restaurant. They may well have other pictures that would work just as well.

I know that when I worked at a place that took photos of workshop participants, we always got their signatures agreeing to our using photos of them in any ads. If someone didn't sign, we didn't use them.

But I don't know whether this was a legal thing (or if the same laws would apply where you are), or they just didn't want to alienate people.

Answer 3

Unfortunately, if a photo is taken of a scene in an area that is accessible to the public and within public view, they have no obligation to pay you for the rights to the photo.

However, if they're making money from the use of the photo, you have a right to royalties for the use of your picture.

Copyright your image, notice them by mail, and default them 60 days later, and when you have all your ducks in a row get a judgment against them. If they don't pay you, you can get a lien and access their bank account directly.

Answer 4

Subtle distinction. When most people say "against the law" they usually mean you can file criminal charges. I don't know of any states where that's true for the situation you name, but always remember that laws vary by state.

However, there are also civil remedies. And most states recognize a cause of action called "False Appropriation, which allows someone to sue for unauthorized use of their likeness (picture) when it is used for commercial purposes. That sounds like what you're describing.

The specific laws and available remedies vary by state, so you should contact a licensed attorney if you want to find out what your specific legal rights and options are.