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  #1  
Old 09-26-2009, 12:10 AM
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Join Date: Sep 2009
Posts: 1

My photos are used for profit illegally without consent...


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

A website formally known as localhookupz.com has an ad running my photo's posted of me before and after working out. Now the photos of me were posted on CaloriesPerHour.com, a website to share your results. I looked at caloriesperhour privacy policy and no where in there does it say they will share photos. Now i am confused as to who i can take legal action against.

Can i take legal action against localhookupz.com or caloriesperhour.com or the advertisement company using my pictures for profit without consent? Can someone help me please the ad is still running on localhookupz.com

Last edited by abacaj1; 09-26-2009 at 12:15 AM.
  #2  
Old 09-26-2009, 01:46 AM
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Join Date: Jan 2007
Location: Michigan
Posts: 5,159
You can take potentially take action against anyone who is using your name or likeness for a commercial purpose without your written consent. Under New York law, it is an invasion of privacy to do so (misappropriation of a name or likeness). You can be compensated for any unauthorized use.

If you did not sign any agreement authorizing the use of the photos by the website currently running the ads, and if you did not sign away your rights in the photos to CaloriesPerHour, I would consult with a New York attorney who can advise you on your options.

Good luck.
  #3  
Old 09-26-2009, 09:02 AM
Senior Member
 
Join Date: Jun 2004
Posts: 7,578
In addition to quincy's response, if you just want some leverage in your negotiations with the websites to remove the photos, then advising them that their actions constitute a crime might help:
Quote:
Originally Posted by NY Civil Rights Law §50
Right of privacy.
A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.
Good luck.
__________________
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Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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