Legal Question in Entertainment Law in California
unauthorized selling of photographs
Myself and a group of friends have been going to a Pirate Faire once a year for the last four years. We have a friend that always takes lovely candid shots of us in all our finery. Recently, I have disciovered that he has started a website devoted to selling these images. Is this allowed without our consent? In most cases the images have been doctored slightly, ie: a different background or made to look like an oil painting. I am the subject of one of these photos. The picture itself, though beautiful, is rather intimate as I had no idea I was being photographed. I do not relish the thought of someone buying it and hanging it on their wall. What recourse do I have?
Thank you for your time.
1 Answer from Attorneys
Re: unauthorized selling of photographs
Yo ho ho matey, is it a pirate's life for him? He might have violated your right of publicity if the person in the picture can be identified as you, and he might have violated your right of privacy if the picture is sufficiently intimate (you didn't say -how- intimate!) But to make him walk the judicial plank, as it were, and for ye to recover some doubloons ye shall have to prove damages.
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