My face picture being used on an online dating site

[Jonathon]

Someone alerted me of a new online dating website - and when I did a search on the photo files - I found a face picture of me. This photo was taken about 8 years ago from someone I met briefly while traveling for business.
It wasn't my camera that took the picture - but it is definitely me. Nothing altered (except another person I was standing next to was cropped out). The profile even used my real first name. Damn. Apparently - this is a new site and they are in need of members to populate the site - so my face was used.

As I search deeper - I found that the owner of this new online dating site is the same person that took my picture. I have not been in touch - nor have communicated with this person since we met. What are my legal rights to hold the owner of this site responsible?
Sending the website a notice to take down my photo just doesn't seem justified - especially since it is the site owner who placed it. They even have a Term of Use about posting false ids - contradicting themselves. The site owner resides in another State.

Need Legal Advice.
Do I hold any power to shut down this site completely?

 

[VeronicaLodge]

double post

 

[quincy]

Are you sure this is a double post, Veronica??? I only see one posting by Jonathon.

In the event this is a new, and one and only, post, I will give a quick answer, and expand it later if it has not already been answered elsewhere.

You own the right to your own image and, unless the photographer had you sign a release allowing him the right to use the photo, you can sue. This falls under privacy laws - and your right to not only privacy but also your right to publicity - to control where, when and how your image is used.

Post back if you need a more detailed explanation.

 

[VeronicaLodge]

Are you sure this is a double post, Veronica??? I only see one posting by Jonathon.

In the event this is a new, and one and only, post, I will give a quick answer, and expand it later if it has not already been answered elsewhere.

You own the right to your own image and, unless the photographer had you sign a release allowing him the right to use the photo, you can sue. This falls under privacy laws - and your right to not only privacy but also your right to publicity - to control where, when and how your image is used.

Post back if you need a more detailed explanation.

well thats odd cuz i asked him a question and answered him in another thread? then saw this one. maybe he deleted the other one cuz he didn't like what i said or maybe the internet ate my answer?

 

[quincy]

I bet he went to delete his double post and deleted the wrong one. Since he has not been back, I imagine your answer was what he was looking for.

 

[bamboozled]

Sustained

I agree, the website needs authorization in writing to use the photo. But, first email the webmaster of the site and explain. Try to work it out without an attorney first. If they are making $$$ off your picture (which does not sound like they are) then you can sue for punitive damages I believe.
I have had whole threads and photos deleted from unfriendly websites. They were very quick to remove the content with just an email. youtube is one example....good luck~