Legal Question in Real Estate Law in California
A homeowner is selling his condo in and HOA complex the realator took pictures of the common pool area when there were people in it which are clearly defineable and posted on many sites on the internet. Is this legal?
Asked on 8/05/09, 1:54 pm
1 Answer from Attorneys
Yes, it is unlawful in California to post an image of a person on the internet with out his/her consent if it is done in connection with a for profit enterprise. The person whose image was commercially used without his/her consent may obtain from the offending party not only the price which the wrongdoer should have paid for the use of the image but also the profits which the wrongdoer generated as a result of the unauthorized use.
The sunbathers' may be entitled to claim the real estate commission!
Answered on 8/05/09, 2:57 pm
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