Legal Question in Intellectual Property in Illinois

my picture was placed in a publication without my consent

This is what happened.

I was at a bar and some friends talked me into entering a contest. (sexy underware contest). Someone had apparently taken my picture while it was my turn and recently someone pointed the picture out to me in an ''alternitive lifestyle'' magazine. The bar's name was also on the page so i dont know if it was the bar that submitted it or the publication... anyways my question is can i get a settlemet from the publication or bar legally?


Asked on 7/24/03, 5:12 pm

2 Answers from Attorneys

Justin Lampel Lampel & Associates, P.C.

Re: my picture was placed in a publication without my consent

Your question actually deals with the area of tort law called "invasion of right of privacy", not intellectual property rights. I would consult a tort law attorney. I do know that many more facts would need to be provided in order to answer this question. for example, was the picture "an ad" or just an article having a picture, like the tribune might use a picture of the loop to show people downtown. also, your sexual orientation may very well come into play. again, i am an intellectual property attorney, so you probably want to consult a tort lawyer. hope this helped, justin

Read more
Answered on 7/24/03, 11:47 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: my picture was placed in a publication without my consent

Answer to question turns on whether the picture was for news worthy purposes or for a commercial endeavor. If the former, no cause of action. If the latter, possibly.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

Read more
Answered on 7/26/03, 4:29 pm


Related Questions & Answers

More Intellectual Property questions and answers in Illinois