Legal Question in Intellectual Property in California

a photographer keeps taking photos at events where she is invited as guest and then putting them up on her website and charging for them. I don't want her to use pictures of me and my family without permission on her website. what do I do? I know that the photos are hers as far as the right to copy, but that doesn't mean she can just use them however she likes when they have people in them, right? I feel like we are stuck bc if we complain she has a right to delete photos that other family members want ( she has threatened to do this) but if we say nothing she is just going to keep using photos of us and our children (and even our names) on the internet where anyone can see whether we like the photo or not to promote her website.


Asked on 7/02/12, 11:19 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In general, there is a right to take photos of anything and everything, but only a limited right to "publish" the photos (i.e., to make them available for general public viewing). Photos of other people can be published without permission if they are "newsworthy," i.e., the people shown are politicians, movie stars, etc. photographed in the course of their public duties or occupations. Otherwise, the photographer or other person displaying (publishing) the photos may have an uphill legal battle to show that there is justification for publication that outweighs the individuals' privacy rights. You could probably sue successfully, or maybe even the threat of suit would dissuade the photographer, but is it worth it?

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Answered on 7/02/12, 1:28 pm


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