Legal Question in Civil Litigation in California
Privacy Law
This year had a pool constructed in our home and we recently found out that the builder is using a picture of our backyard in his effort to advertise his business in a advertising magazine. We have not given him permission to take any photos and have not given permission for them to use our backyard in any photos. What recourse do we have? I was going to send a Cease and Disist letter to them, but I'm not sure that is the appropriate action. Thank you for your assistance.
3 Answers from Attorneys
Re: Privacy Law
Yes, they need to take some kind of "Release" from you before they can use those pictures. Cease & Desist would be very appropriate....after thet you should negotiate to execute a "Release" in exchange of some consideration. If you need any help...call me at 818-481-9284.
Re: Privacy Law
i dont know of any law they are breaking but you might tell them if they continue you might publisize how unhappy you are with their work.
Re: Privacy Law
It is my understanding that the unauthorized use of you picture for commerical purposes is aviolation of your right to privacy. It would seem that the same principal should to your home. Send them a letter demanding that they stop using the picture or you will take all legal rememdies available to you.