Can my photo be published in a book without my permission?

My aunt recently had a book published that has photographs both old and recent of me. One of them contains images of my children. I never knew she was going to do this and never gave her permission, either oral or written. I consider the recent photos in particular to be a huge invasion of our privacy. What are my rights here? If anyone knows the law or can direct me to the statutes, I would appreciate it. She lives in CA. I live in IN. Thanks.

Answers:
I don't know about the laws in CA. But I live in Maryland and work for a newspaper and we can not legally publish any pictures of children without a signed consent form.

But I think your overreacting a little. Them being in a book isn't going to cause any harm. if anything they will be proud of them selves in a few years when they are old enough to show people.

Unless its just money your after and thats just pathetic
NO IT CANT BE BUT IF THEY DID YOU CAN SUE THEM
you would of had to sign a photo release form. So in all actuality shes in the wrong and you could probably sue her for this.
Authors must obtain consent from the photographed individuals to include them in published material. You need to contact her and request that she have it removed immediately, or talk to her about possible legal ramificiations.
Seek out an attorney, she cannot publish pictures of your kids without your permission.


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Your photo cannot be published in a book without ur permission.
That's federal, I think you have a very good case. Do you really want to sue your family though? There's no going back.
All pictures published HAVE to have written consent of the people in them, unless the persons couldn't be located.

Talk to your aunt. Do you REALLY want to sue her because she didn't get your permission? In the end, she's always going to be your aunt.
No, if she publishes a real book, she needs your permission to have photos of your children.
Yes, she can get in to a lot of trouble, as well as the publishing house. It is against the law for her to publish your name, names of your children, as well as photos without your WRITTEN consent. You actually can make money from her book sales, since your name is published without your consent.Call a lawyer, you have a case.
You can absolutely sue her for it, particularly for the photos of your children. Get a lawyer.
It might depend on if the pictures were taken in public or in a private dwelling. I think it is pretty possible that you can have your pictures removed from her book. They have to blank out peoples face on TV when they say no to showing it.
If the photos were taken in public then you have no legal recourse because there is no reasonable expectation for privacy within the public. However, if the pictures are private moments (I'm not sure what that definition is legally) then you might have something.

Many published photos, recent ones, often and should require permission from all pictured, especially when the pictured are minors. I would look into this but maybe talk to your Aunt also...?
no, but they try to get you to grant them permision by a waiver, or a gift that you have to sign to get it, no one likes to pay tribute.
In most states, a model release is required to print or publish recognizable photos of anyone who is still living. You will probably have to contact an attorney.
I am a photographer and rights do vary by state so hopefully someone in the states can help you. It depends on what she is doing with the book. If she is selling the book for profit and the photos are not considered journalistic in nature then she should have a model release form from you and your children. If she did the book for like her and a few family members, then the law gets a little cloudy, because no money is being made. If she took the pictures, she owns the pictures, they copyright is hers. If she didn't take the pictures, then there is copyright infringement on the person who did take them. There is a lot of variables here. If you are really upset, you may just need to see a lawyer. I am sure the initial visit for a consultation would not be much. I think they are around $50 - $100 in my town. It would be worth it to me, if I thought my children were being used unjustly.
A professional photographer has written an article thoroughly discussing the issues of photographs being taken, used, posted, published, or sold, as well as when releases are required and what the risks are. This might give you a good place to start in determining whether you have cause to object and, if you do, whether it's worth pursuing it: http://www.danheller.com/model-release.h...
By law, a photograph and the image it contains is property of the person who takes it and all copyright privelages and protections are afforded to that person. Yes, a photo of you can be published even without your consent.

If you really want to fight this, take a back-door approach. It is possible to legally prevent her from publishing the names of the family members. If you do pursue this, you cannot make it seem that you just don't want the names published (you do not own exclusive rights to a name), however you should present it as if you are taking into consideration the welfare of your family (use the children as the main focus). Make a claim that you are afraid for your children's safety if both a picture and name appear. The court just might give you that.
No they can't. And I don't think you are overreacting, you have a right to protect your privacy and your family. If your aunt didn't knew she couldn't the book publisher/editor did. Find some legal assistance. I think you can ask for having those photos removed anyway possible.
No, unless you are an employee or school and it's to advertise the school or business.


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