Legal Question in Entertainment Law in Illinois
Unauthorized Distribution Of Portrait of Minor
In 2001, I took my then 9 month old daughter to a photography studio in the
mall and had portraits taken. I never passed these out to friends or family,
the only copies should have been the ones given to me by the photography
studio. Recently a copy of the picture surfaced at a school my sister works at.
The photo was a reproduction of the original portrait and had our home
telephone number printed on the back of it. Do I have any legal recourse with
the photography studio to get them to find out how it got reproduced and
released and to have it stopped? We do not want pictures of out child
distributed without our permission - especially with our home telephone
number attached. Your input would be greatly appreciated.
1 Answer from Attorneys
Re: Unauthorized Distribution Of Portrait of Minor
I'm shocked to read this--especially in this day and age. There are 2 issues at play here: copyright and privacy.
Copyright: Under copyright law, the photographer would have a right to distribute copies of the photo for promotional purposes, etc. Evan though you paid a fee for the photography session, the photographer still owns the copyright and all the rights appertaining thereto.
Privacy: Copyright notwithstanding, there'a an underlying privacy issue that needs to be addressed. He may own the copyright, but that doesn't give him the right to distribute private information about who that p[hotograph is of, especially a minor. It's clearly an invasion of privacy and must be stopped for your daughter's safety and your peace of mind.
Please call me at 773.882.4912 or visit my website at: www.entertainmentlawchicago.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
