Personal Image Rights Violated?
A photo of me and my friend was taken by another friend. It was at a public place and we were aware of the photo being taken. The photographer then put this image of us upon the homepage of a website. The website is non-profit (student organization).
My friend and I are not really comfortable with this. We are both low-key people and frankly we are not affiliated with that organization at all. Do we have legal ground to ask them to remove that image of us? Someone said if it's non-profit, it could be fair use and we don't stand a chance. But wouldn't it violate our privacy?
Answer:
THIS IS NOT LEGAL ADVICE. Do NOT rely on or use the information here for any pupose. For legal advice, consult an attorney.
Yes, I believe that you may have a cause of action against the photographer. The common law recognizes 4 types of privacy torts: (1) appropriation, (2) false light, (3) intrusion, and (4) public disclosure of private facts. However, not all jurisdictions recognize all four of these torts. Therefore, whether they apply in your jurisdiction depends on the law there.
(1) Appropriation. Appropriation is the use of the plaintiff's name, picture, or likeness for a commercial advantage. You probably have a claim under this as they are using your picture for a commercial advantage by putting it on the website. Court have recognized the newsworthiness exception to the tort of appropriation. In this exception, a defendant will not be liable for appropriation where the defendant published or posted the name or picture of the plaintiff because of the newsworthiness value. This exception probably does not apply in your situation. Another defense that is typically applicable in appropriation claims is consent. If the plaintiff gave consent for the picture to be taken and used, then the plaintiff will lose. For example, when you go to certain amusement parks the back of the ticket will be a release. The ticket typically says that by entering the park you give permission for them to take the pictures and use it. In this situation the plaintiff would have no claim.
(2) False light. The tort of false light occurs where there is widespread dissemination of a material falsehood. You probably do not have a claim here.
(3) Intrusion. The tort of intrusion occurs where the defendant intrudes into the private life of the plaintiff. In order for the claim to be actionable, the area intruded must be private, meaning that the plaintiff must have had a reasonable expectation of privacy in the area intruded. You are unlikely to have a claim under this theory because photos taken at a public place is not intrusion.
(4) Public disclosure of private facts. The name of this tort is pretty clear, so I'm not going to discuss it. It should be sufficient to say that you probably don't have a claim under this theory either.
In sum, you may have a claim of appropriation against the person using it on the website unless you have given them permission.
Again, this is not legal advice and is not to be construed as such. I would advise you to consult an attorney in the relevant jurisdiction for such information.
You don't have a right to privacy in a public place.
It's very hard to sue anyone over a photo, especially one taken in public.
Just ask him to remove the photo, or blur your faces.
You could just ask nicely and tell the photographer that you are not comfortable with his use of your image.
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When you are in a public place and someone takes your picture and you don't like it, stay at home, you have no expectation of privacy in public! If the police posted your picture as a suspect on TV is another story, they better find you guilty or you can sue them for that!
It would've been easier if you had warned him not to post it. Just tell him to blur your faces or just remove the photo because you're both not comfortable (record this on an e-mail as a proof if he objects). I doubt he'll object, but if he does ask him again and if he objects then contact his server website provider and report him (show the e-mail as proof he objected even though you asked him nicely 2 times).
But it's going to be hard because you guys didn't warn him and you let him take your picture. I don't let people take pics of me in public because obviously, they might end up on a website of some sort.
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