Legal Question in Intellectual Property in Illinois

If no release was signed by you, this use is a problem for the catalog company, and the photographer. My guess is that the photographer misrepresented to a stock agency that he or she had a release. There are other possibilities, but that is most likely. You could start with contacting the photographer or the catalog company, or you could hire an attorney to assist you.

Did you sign a release on behalf of your minor son permitting his photograph to be used? If not the Illinois Right of Publicity Act provides that a person may not use an individual's identity for commercial purposes during the individual's lifetime without having obtained previous written consent from the appropriate person. "Person" is defined as including, but not limited to, a partnership or corporation. A violator of the Act may be liable for either of the following, whichever is greater; (1) actual damages, profits derived from the unauthorized use, or both; or

(2) $1,000. In addition, punitive damages may be awarded for a willful violation of the Act.