can your picture be used without your consent on advertising?

Question

baby picture in a picture frame

Answer 1

In that case I would say no.

But how did they get the picture in the first place????

Answer 2

Depends. Need more facts. There is a tort (civl action) involving the use of someone's image for commercial gain without permission. There's a case in Vancouver of a restaurateur who wanted to fill her establishment with photos and memorabilia of Robert De Niro. Bob found out and sent his lawyers north to make it stop. It worked. Of course, he was Robert De Niro. But even still, it may be seen as defamatory to use an image without permission in certain ways.

Again, depends on the facts and, of course, the HARM on which damages are based.

Answer 3

Generally I would say no, BUT,...if the pic was taken by a professional photographer, then there might be a problem, as the photographer owns the pics...I think I am not sure.
I found that out when I went to copy my parents wedding pic,...and was told that I needed to get consent of the photographer as there was a stamp on the corner of the pic.

Answer 4

If you didn't sign any agreement then you don't have any leg to stand on - the pictures belong to the studio and are theirs to do with as they please. It is an exceptionally poor PR move to exploit the photographs without asking you, however, especially as they seem to expect repeat business from you! In future, when you commission something like this, make sure you get a written agreement which limits the studio's right to use the photographs for commercial gain.

Answer 5

No, it cannot. It is called:
Misappropriation of Name or Likeness for Trade or Commercial Purposes.

If this has happened to you, please see an attorney.

Answer 6

Generally no, but there are some technicalitties which they can.

Answer 7

NO~!~! not unless you have lost your rights......(JAIL)

Answer 8

No.