this company promotes gay travel and has been using my photo to sell gay related travel. I never signed a photo release or gave them permission to use it. I am being harrassed at work by coworkers but i am straight. can the company use my picture?
2006-11-13 19:06:17 · 10 answers · asked by woodlandsmarc28 1 in Politics & Government ➔ Law & Ethics
I found a website where someone did some research on the subject of photography. It explains quiet a bit of what you are referring to which is called, "commercial use."
I would definitely look into hiring a lawyer and suing them for defamation of character, humiliation, and anything else that pops into you and your lawyer's head.
I hope this helps you. Good luck! :)
P.S.
The co-workers that are harrassing you...ask them why they were searching a gay travel site?
2006-11-13 19:19:30 · answer #1 · answered by mrs_grommet 2 · 2⤊ 0⤋
Have you contacted them? You need to send them a "cease and desist" letter immediately! Make sure the letter is specific and professionally written so they will take you seriously. Since it is a travel site, it must have a phone number. You can also call the phone number and speak with someone directly. I would pursue all avenues and keep after them until they remove it.
Do you have a family member or friend who is a lawyer? If so, get the lawyer to send them a letter. That may work better than doing it yourself. It seems to mean more coming from an attorney. If you don't know a lawyer, you could go to a legal assistance firm and get them to do it for a small cost.
No, it is absolutely not legal to just use anyone's photo in an advertisement w/o permission. I am in the advertising business and it doesn't work that way! In a case like this when they are using a "model" to promote their product, they must have permission to use the photo by both the model and the photographer. Obviously, they don't have it - at least not yours!
2006-11-13 19:19:35 · answer #2 · answered by Anonymous · 1⤊ 0⤋
No one has the right to commercially exploit your photograph without a signed release from you. This doesn't mean they couldn't take your picture or even show it for "news" purposes. But used in an ad, that's what models get paid for and why they get paid. Hire a lawyer. If the ad somehow implies that you are gay, that might be a second cause of action.
2006-11-13 19:38:54 · answer #3 · answered by frankie59 4 · 1⤊ 0⤋
I'd get a release signed by your friend. That would solve any legal issues that could occur. If you do not the person could sue you arguing that the picture was not taken for commercial use. Using their image without their permission could be dicey.
2016-03-19 07:40:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Nope in my opinion but, I urge you to find a lawyer and negotiate from there. Your lawyer can tell how to do next and how much for your case. Good luck.
2006-11-13 19:11:08 · answer #5 · answered by ryladie99 6 · 0⤊ 0⤋
Any photo taken in public is legal! Sorry kiddo!
2006-11-13 19:07:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No you own the rights to that image. Send them a cease and desist letter asap!
2006-11-13 19:07:29 · answer #7 · answered by dantheman_028 4 · 0⤊ 0⤋
No , they have to have permission and you should be receiving money. take them to court. Remember the folgers can w/ the man on it? well, he sued and won.
2006-11-13 19:10:43 · answer #8 · answered by uknowme 6 · 0⤊ 0⤋
Contact an attorney; he/she can tell you your rights.
2006-11-13 19:14:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Maybe this is a good time to admit that you are gay.
2006-11-13 19:12:32 · answer #10 · answered by Lou S 2 · 1⤊ 1⤋