Photo Used in Ad w/o Permission

[Leader]

(Los Angeles, CA) A photo I took is being used in a magazine advertisement without my permission. The photo is posted two places on the internet: my website, and an automotive bulletin board. The picture had to have been copied from one of those two sources.
Can images be "appropriated" from the internet and used for commercial purposes without compensation or permission?

 

[divgradcurl]

No.

Send them a letter identifying yourself as the copyright owner, and tell them you either want them to stop using the picture or pay you a license fee.

 

[racer72]

There was someone on this forum about a year ago that had the same thing happen to him. He complained to the company and was given $10,000 for compensation.

 

[Leader]

Thanks for the advice and information.
It's interesting how many people believe that once something appears on the internet it's "free game" for any one to use any way they see fit without permission or compensation.
Thank you Napster.

 

[I AM ALWAYS LIABLE]

My response:

You have a good case for filing a complaint for the tort liability of invasion of privacy, which arises from four distinct kinds of activities: (a) intrusion into private matters; (b) public disclosure of private facts; (c) publicity placing a person in a false light; and (d) misappropriation of a person's name or likeness. [Hill v. National Collegiate Athletic Ass'n (1994) 7 Cal.4th 1, 24, 26 Cal.Rptr.2d 834, 848]

Misappropriation of person's name or likeness:
The elements of a common law cause of action for misappropriation of name or likeness are: "(1) the defendant's use of the plaintiff's identity; (2) the appropriation of a plaintiff's name or likeness to defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury." [Slivinsky v. Watkins-Johnson Co. (1990) 221 Cal.App.3d 799, 807, 270 Cal.Rptr. 585, 589 (emphasis added)]

Statutory action:
In addition to the invasion of privacy claim, anyone using another's "name, voice, signature, photograph or likeness" for commercial purposes without consent is liable for the injured party's actual damages or $750, whichever is greater. [See Ca Civil § 3344]

IAAL