How Do I Stop Photos from Being Published That I Didn't Consent to?
Full Question:
Answer:
It will be a matter of subjective determination for the court to determine, based on all the circumstances involved. Some of the factors, among others, the court may consider include whether there was an economic advantage or benefit from the use of the picture and any impression created of an endorsement. If verbal requests have been denied, it may be possible to write a letter stating the grounds upon which you think your legal rights would be violated by publication of the photo and the recourse you plan to take, which may persuade the other party to not publish the photos to avoid litigation.
To prove an invasion of privacy, the court must find a person had a "reasonable expectation of privacy." Courts are not in agreement on the precise definition of the legal standard of a "reasonable expectation of privacy." Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information. A non-public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage.
Owning the negative or photo does not automatically grant one the rights to use, publish, or profit from it. You could be liable if you use a photograph of someone without their consent to gain some commercial benefit, such as for advertising purposes. In these cases, any commercial use would require some form of Model or Property Release. Liability may also be found if someone claims that his/her privacy rights were invaded, he/she was portrayed in a false light, or the photo implies that the person is endorsing a product or service. The best way to protect oneself against lawsuits is to get prior written permission to use the photograph.
One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if:
(a) the false light in which the other was placed would be highly offensive to a reasonable person, and
(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Restatement (Second) of Torts, § 652E.
The tort of appropriation involves the appropriation of a person's name or likeness for the defendant's economic benefit. This branch of invasion of privacy law recognizes an individual's right to privacy from commercial exploitation. It emphasizes a person's property right to exploit his or her own name or image for his or her own economic benefit. This type of privacy right is often described as an interference with the "right of publicity." The right of publicity recognizes the individual's right to regulate and obtain the benefits from the commercial exploitation of his name, likeness, identifying characteristics, and performances. Exceptions, among others, include when the information is disseminated as part of newsworthy events or matters of public interest, or consent to publicity.
For further discussion, please see:
http://www.rcfp.org/photoguide/intro.html
