Legal Question in Intellectual Property in Illinois

Images of my home

I purchased a distinctive & historic property in a small town (18000 people)

August 2005. An addition was added prior to my ownership, in 2000. The

builder of that addition has been using several images since we purchased

the home - without our permission. They have used these across all

advertising media (newspapers, magazines web homepage) as a key image.

They are promoting their business. ''Add value'' is one copy line.

As they did not seek permission, can I lawfully claim recompense for the use

of the image, as they have been making business off the back of our home

since August 2005?


Asked on 2/17/06, 5:13 pm

1 Answer from Attorneys
David Jenkins Barone & Jenkins, P.C.

Re: Images of my home

From what you have described, you may not have any recourse. Under the Architectural Works Copyright Protection Act, the party who designed the addition would likely own the copyright to the addition (unless it was assigned). I would assume that the builder who is using the pictures owns the design and would have the rights in the design.

Some states recognize a right of publicity or right of privacy that you may potentially be able to rely on. The rights of publicity/privacy are not that well developed in Illinois, however, and I would have to do more research to determine whether you would have any basis to claim a right of publicity or privacy with respect to your home such that you could prohibit the use of pictures of the home in the builder's advertising. It is surely worth looking into.

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Answered on 2/17/06, 5:30 pm


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