Legal Question in Civil Rights Law in California

For $100 I would be happy to write them a letter on my letterhead telling them to take down your photo.

Hi Caitlin,

You may want to send a polite attorney letter asking that they take it down. Practically speaking, this may put a little strain on your relationship, but it is professional to stand up for your intellectual property rights. I presume it is a modeling pic you have rights to. It will depend on the relationship you had with the photographer. I can fax a quick letter to the club as early as tomorrow, Monday morning if you would like my help. Contact my office to discuss.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Hello Caitlin,

Assuming that you or the photographer have the copyright to the photograph then what you need is not a "polite letter" to the club but a DCMA Takedown Notice submitted to Facebooks copyright enforcement. They will have the copyrighted image blocked or removed in @48 hours maximum.

Regarding the use of your name and image you may then send a demand letter to the club owner or more precisely the owner of the facebook account and put them on notice that they have misappropriated your name and/or likeness without consent and are also using your name and/or likeness without consent. You then demand they cease and desist from all current and future unauthorized uses.