Saw myself in a published book

[JJNYC]

New York.

I was in a bookstore earlier today and while flipping through a picture book about New York City, came across a picture of me! I was sitting on a bench reading a paper. I had no idea the photo was taken and certainly didn't give anyone permission to use a picture of me in a book! I guess its not that big of a deal, but what if it had been on the cover? Or I'd been doing something I didn't want to be captured for all to see? Can anyone just use a picture of me in something they're selling?

Thanks.

 

[divgradcurl]

New York.

I was in a bookstore earlier today and while flipping through a picture book about New York City, came across a picture of me! I was sitting on a bench reading a paper. I had no idea the photo was taken and certainly didn't give anyone permission to use a picture of me in a book! I guess its not that big of a deal, but what if it had been on the cover? Or I'd been doing something I didn't want to be captured for all to see? Can anyone just use a picture of me in something they're selling?

Thanks.

If it is a picture taken in public, and they are not using the photograph to advertise the book, or using the photo is such a way that it implies your endorsement or sponsorship of a product or service, then yeah, they can use the picture without your permission.

You have no "expectation of privacy" when you are out in public, and you do not have a general right to control your image -- the exception is commercial use of your image.

 

[JJNYC]

If it is a picture taken in public, and they are not using the photograph to advertise the book, or using the photo is such a way that it implies your endorsement or sponsorship of a product or service, then yeah, they can use the picture without your permission.

You have no "expectation of privacy" when you are out in public, and you do not have a general right to control your image -- the exception is commercial use of your image.

Thanks. I guess I don't understand what "commerical use" of my image is. Seems like that would mean someone was making money from it. In this case, selling a book and, therefore, selling my image.

So, unless I see that photo in an ad for the book, no luck?

 

[divgradcurl]

Thanks. I guess I don't understand what "commerical use" of my image is. Seems like that would mean someone was making money from it. In this case, selling a book and, therefore, selling my image.

So, unless I see that photo in an ad for the book, no luck?

Commercial use does not mean "someone making money for any reason" off of a picture of someone. In this context, commercial use means using someone's image to "sell" something, using the image in a way that implies endorsement, etc.

I can take a picture of, say Beyonce walking out in public, and I can then sell that picture on eBay, or sell it to People magazine or another tabloid. I am making money, the magazine (or eBay is making money) -- but this is totally permissible. Beyonce, or anyone else, does not have a general right to control the use of their image in all situations.

Now, if I had a car dealership, and I used that same (otherwise totally legal) picture in an ad for my car lot, well, then I am using Beyone's image to imply that she shops at my lot, or likes my lot, or endorses my lot, etc. -- and that is something that I cannot do legally without permission, even though I legally took the photo originally, and own the copyright to the photo. And this is not limited to Beyonce -- this is anyone who's image is used in this way without permission. Beyonce will get more money for an unauthorized use of her image than you or I would, but the cause of action is the same.

Hope that clarifies things.

 

[JJNYC]

Hope that clarifies things.

It does. Thanks.