Someone using an embarrassing photo of me publicly.

[RogerR]

I keep editing this down as I do not want to post enough information to lead anyone to find the photo I'm speaking about.
Let's just say that a person has been using a nude photo of me in a public way (my genitals are censored) and it has my full name and where I live printed on it. It would be easy to find the uncensored version of the photo with the information he provides. He has been doing this for at least 10 years now. He has admitted that he uses it a lot. He has shown it to huge audiences that include people as young as high school (possibly younger, not sure on that.) It is being used for demonstrative purposes (and for humor). I have found articles from major websites where the writer of the article has talked about seeing the photo. I have very good reason to believe that it might even be published in one or more books, I'm still looking into this.

I am upset and embarrassed by this. I would like to know what I could do from a legal standpoint. I know this isn't a lot of information to go on, but it is all I can give. I do not wish to ruin his career or anything like that. I also don't want anything about this in the news or media. Thank you.

 

[quincy]

I keep editing this down as I do not want to post enough information to lead anyone to find the photo I'm speaking about.
Let's just say that a person has been using a nude photo of me in a public way (my genitals are censored) and it has my full name and where I live printed on it. It would be easy to find the uncensored version of the photo with the information he provides. He has been doing this for at least 10 years now. He has admitted that he uses it a lot. He has shown it to huge audiences that include people as young as high school (possibly younger, not sure on that.) It is being used for demonstrative purposes (and for humor). I have found articles from major websites where the writer of the article has talked about seeing the photo. I have very good reason to believe that it might even be published in one or more books, I'm still looking into this.

I am upset and embarrassed by this. I would like to know what I could do from a legal standpoint. I know this isn't a lot of information to go on, but it is all I can give. I do not wish to ruin his career or anything like that. I also don't want anything about this in the news or media. Thank you.

Did you pose for the photo? Does the photographer have a model release signed by you, giving him all rights to your image in this photo? Would it be considered an "art" photo or a "science" photo?

 

[OHRoadwarrior]

I think it would be considered a before photo.

 

[quincy]

I think it would be considered a before photo.

If that is the case, and it is a before photo, then I imagine there would be two photos - a before and an after. And, if that is the case, then he probably signed releases for the photos to be shown publicly, possibly in connection with the sale of some diet or exercise product. If he did not sign any releases, Roger might have some legal recourse.

The same would apply if Roger posed for a photo for a science-based publication, to show the male body perhaps. He probably signed a release for the photo to be used in that way. If the photo is being used in a way different than agreed to, RogerR could have some legal recourse.

If it is a news photo taken, say, of RogerR as a streaker at a sporting event, there would not be much RogerR could do about it. He would have "put himself out there" for the world to see and lost any right to privacy he might otherwise enjoy. If such a photo were used in a non-newsworthy way, however, there could potentially be legal recourse.

If the photo is used in a commercial sense, and RogerR signed a release granting the photographer the right to use his image for a commercial purpose, there is not much he can do about it. No signed release, however, and there are legal avenues for him to explore.

If RogerR was a nude model for an art class, he probably had to sign a model release. Use of any artwork coming from the class in that case (display, sale) would be an allowable use.

If the photo was taken surreptitiously at some point in time and is resurfacing from time to time in various places, Roger could have some legal recourse.

And so on.

It really depends on a whole lot of facts not yet disclosed by RogerR.

 

[RogerR]

Did you pose for the photo? Does the photographer have a model release signed by you, giving him all rights to your image in this photo? Would it be considered an "art" photo or a "science" photo?

The photo was taken without my permission. It is a candid photo. This was not a professional picture and nothing was signed by me.

 

[quincy]

The photo was taken without my permission. It is a candid photo. This was not a professional picture and nothing was signed by me.

So, were you a streaker, or was the photographer a former paramour?

It is really hard to guess at whether you have any recourse or not, for lack of details. If you are reluctant to divulge these details on a public forum, you may wish to go over the facts of the publication of this naked photo with an attorney in your area. The attorney can let you know if there is any legal course of action available for you to take against the photographer that will not "ruin his career" or have the story winding up "in the news or media."

Good luck, RogerR.

 

[eerelations]

...I do not want to post enough information to lead anyone to find the photo I'm speaking about.

So presumably your name isn't Roger R-something-or-other, right?

 

[quincy]

So presumably your name isn't Roger R-something-or-other, right?

I wasn't going to go there, on the off-chance our poster is the photographer looking for a bit of publicity or someone looking to cause more embarrassment.

I am thinking that the news media will have no interest, though.

 

[johndoh]

So, were you a streaker, or was the photographer a former paramour?

It is really hard to guess at whether you have any recourse or not, for lack of details. If you are reluctant to divulge these details on a public forum, you may wish to go over the facts of the publication of this naked photo with an attorney in your area. The attorney can let you know if there is any legal course of action available for you to take against the photographer that will not "ruin his career" or have the story winding up "in the news or media."

Good luck, RogerR.

The photo was taken inside when I had a reasonable expectation of privacy by a friend of the opposite sex and then was leaked somehow (never knew the full details here). This all happened over 10 years ago. The person has been using the photo publicly for over 10 years. I just found out about it recently.

Also, "RogerR" is completely made up. I was going to mention that in my first post but forgot to do so.

Another thing, the person is using the photo together with other pictures and "information" in a way that he makes a profit from it. Not sure if that matters or not. It's being used in a "professional" setting. That's about as much as I can say without giving away too much. If needed, I will seek out a local lawyer, just thought I would give this a try first as it is much easier and less embarrassing.

 

[quincy]

The photo was taken inside when I had a reasonable expectation of privacy by a friend of the opposite sex and then was leaked somehow (never knew the full details here). This all happened over 10 years ago. The person has been using the photo publicly for over 10 years. I just found out about it recently.

Also, "RogerR" is completely made up. I was going to mention that in my first post but forgot to do so.

Another thing, the person is using the photo together with other pictures and "information" in a way that he makes a profit from it. Not sure if that matters or not. It's being used in a "professional" setting. That's about as much as I can say without giving away too much. If needed, I will seek out a local lawyer, just thought I would give this a try first as it is much easier and less embarrassing.

You, johndoh of the water-soluble swim trunks, are also RogerR?

Give me a break.

I repeat the advice I offered you in your other thread - seek help, either from an attorney in your area or, and this is looking like the better choice, a therapist.