Can a website use my pic in their advertisements w/o my consent?

[mjv1023]

What is the name of your state (only U.S. law)? California

 

[quincy]

Generally, no. A website can generally not use a person's picture in their advertisements without the person's written consent.

Did you want to provide more details?

As a note, if you wrote out more originally and then previewed your post, the preview function on this site is a bit whacky. It eats posts. You will have to repost.

 

[mjv1023]

Can a website use my pic in their advertisement w/o my consent-response

This website is similar to facebook but for moms. Its very popular and free to sign up. They posted a picture of my wife that can be viewed on both a normal computer and a mobile device.We figured they weren't allowed to do that but we don't have much knowledge in the situation.

Generally, no. A website can generally not use a person's picture in their advertisements without the person's written consent.

Did you want to provide more details?

As a note, if you wrote out more originally and then previewed your post, the preview function on this site is a bit whacky. It eats posts. You will have to repost.

 

[quincy]

Is this a picture of you, or is it a picture of your wife? Do you have any idea how this "moms" site obtained the photo? What sort of advertisement is the photo being used in?

 

[mjv1023]

No,it was a picture of her. She showed me and took a screenshot. We don't know how they got the pic probably through her profile page or something shre might've posted in the past. They usually have their own generic pictures, no pictures of certain individuals. It was on their main page.

Is this a picture of you, or is it a picture of your wife? Do you have any idea how this "moms" site obtained the photo? What sort of advertisement is the photo being used in?

 

[quincy]

Is it an advertisement for a product or service, or just a display of moms who are registered users of the site?

If the latter, you should read the Terms of Service to see what rights the website has in the content posted to the site by its users. If the former, it could be a violation of your wife's right of publicity (I'll have to check California's law to give you more information).

 

[mjv1023]

Is is an advertisement of their website.It isn't a display of moms. Like I stated before, they usually have their own generic pics that they always post for everything. Never anything relatively new until the picture of her.

Is it an advertisement for a product or service, or just a display of moms who are registered users of the site?

If the latter, you should read the Terms of Service to see what rights the website has in the content posted to the site by its users. If the former, it could be a violation of your wife's right of publicity (I'll have to check California's law to give you more information).

 

[swalsh411]

Have you contacted them asking (nicely) to find another picture? That would be step one.

You haven't won the lawsuit lottery in case that's what you're thinking.

 

[quincy]

California has both a Right of Publicity statute and recognizes a common law right to one's own name and likeness.

The statute, California Civil Code Section 33.44, protects a person's right to control how his/her name, image, voice and signature are used for commercial purposes. Damages that can be awarded a person, when any aspect of their persona has been used for a commercial purpose without permission, include any actual damages suffered, any profits realized by the unauthorized user, and potentially punitive damages.

Actual damages can include not only economic losses but "injury to peace, happiness and feelings." (Tom Waits v Frito-Lay, Inc, 978 F.2d 1093, 9th Circ, 1992 )

That said, swalsh is probably right about there not being a lawsuit lottery here and he is right about the first step you should take.

If upon your request the website will not remove your wife's picture from their home page (and if there is nothing in the TOS that gives them rights in all content posted on the site), then you could speak with an attorney in your area and have the attorney send a letter to the website advising the site that the picture of your wife violates her right to publicity and should be removed immediately or legal action may be pursued.

The costs involved in pursuing a legal action, as a note, could very easily exceed any damages that might be awarded should you win a suit (and I am not sure you would win. . . .a personal review of the site and the facts is needed to determine this for sure).

Good luck.