unauthorized picture

[colonelvuky]

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

my picture was taken and pulished in a book, websites, and some magazine, unauthorized. what can i do about it?What is the name of your state (only U.S. law)?

 

[quincy]

Maybe nothing.

What sort of picture and why was it published?

 

[colonelvuky]

the picture was taken in a restaurant i used to work at, while i was working.
i am not in the background, it's a full blown picture of me.

 

[quincy]

For what purpose was it published?

 

[colonelvuky]

it is in a cookbook. it is on the website of they new location they just opened.
it is on websitets of magazines who wrote about the opening of the new restaurant. and according to my friend it is in actual magazines too, with articles about the new restaurant.

 

[quincy]

In that case, I would have an attorney in New York review a copy of the cookbook and review the magazines, the website and wherever else this photo appears, to see if the unauthorized use of your image is an actionable one.

It is possible, based on what you have written, that you have a legitimate cause of action if the use of the photo can be seen as a promotion for or advertisement for the restaurant. But it would take a review of the photo itself and its use in the various places where it appears to determine this for sure.

The attorney you see can also advise you, if the attorney believes an action against the restaurant does have some merit under New York law, whether a suit would be worth your time and the costs it would take to pursue the matter in court. Compensation for the use of your image may, at the very least, be something you can seek.

New York covers the unauthorized use of photographs/images under their Civil Rights law, Article 5, sections 50 and 51, Right of Privacy/Publicity.

 

[xylene]

Is this restaurant you worked in, and the cookbook published by the restaurant and/or the people who own/run the restaurant? or some other people.

 

[colonelvuky]

Thank You Quincy!

Yes, the picture was published by the restaurant. They belong to a larger restaurant group.

 

[xylene]

Yes, the picture was published by the restaurant. They belong to a larger restaurant group.

And you are sure that you didn't agree to this in the course of your employment?

Never signed a waiver?

I ask because such things would be rather common, esp for a large firm.

And if you do assert your right to get damages or force the removal the picture and the recall of the cookbook they could dismiss you.

They could fire you if you refuse to sign a waiver for subsequent images if there was an oversight.

 

[colonelvuky]

I don't work for them anymore so they can't fire me I am positive that I didn't sign anything to authorize them to take, never the less publish this or any other picture of me.