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  1. #1
    abacaj1 is offline Junior Member
    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; 09-25-2009 at 11:15 PM.
  2. #2
    quincy is offline Senior Member
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    12,366
    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. #3
    You Are Guilty is offline Senior Member
    Join Date
    Jun 2004
    Posts
    10,920
    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.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.

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