Legal Question in Entertainment Law in Illinois

Photo usage without permission

My picture was taken at a concert in Cleveland Ohio on April 29, 2002...this picture of me is inside the Paul McCartney DVD and CD...I never gave permission for this, and people have asked me about it. Also, I suppose I would not be quite so upset if it weren't for the fact that I read where Paul McCartney and his wife are paid for there photos (like their wedding photo)...I feel as if they got something for nothing. They should of hired professional models or something...they should of asked my permission. Can I sue him for this?


Asked on 8/29/03, 7:59 am

1 Answer from Attorneys
A. Olusanjo Omoniyi Omoniyi Law Firm, P. C.

Re: Photo usage without permission

While there is nothing like right of privacy in a public gathering like a concert, at the same time your picture cannot be used for commercial purposes without your permission. Taking your words for it, regardless of who took your picture, it should not be used in those commercial DVDs and CD-ROMs which obviously are being sold around since 2002 without your permission.

Just as a starter, a few questions which I have for you are: 1) have you contacted the producer of both the DVD and CD-ROM?; 2)if yes, what is their reaction?; and 3)did you inform them that they cannot use your picture for marketing/commercial purposes?

As always, seeking further legal opinion on legal matter is advisable as soon as possible. This is due to the fact that the picture in question was taken in 2002 and you have now discovered its usage for commercial purposes. If you do not act in time, the statute of limitation may run on any of the possible legal remedies you may have regarding this issue. Good luck.

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Answered on 9/01/03, 7:57 pm


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