Legal Question in Intellectual Property in Nevada
Who has the right to the photographs?
My wife had some pictures taken by a friend when she was 18 here in Nevada. Some pictures were nude and they hav been displayed in galleries and in the photographers portfolio. As I understand it, the age of majority in nevada is 18, 19 if you are in high school. We have asked for the pictures back along with the negatives, but her friend refuses to give them back and continues to show them. What legal action can we take to get them destroyed? Who has the rights to the photos. No model release was ever signed.
2 Answers from Attorneys
Re: Who has the right to the photographs?
The pictures are the photographers. However, publication and sale for profit is another matter.
Call or e-mail for assistance.
Re: Who has the right to the photographs?
NRS 597.810 Remedies for unauthorized commercial use; liability of owner or employee of medium used for advertising.
1. Any commercial use of the name, voice, signature, photograph or likeness of another by a person, firm or corporation without first having obtained written consent for the use is subject to:
(a) Injunctive relief to prevent or restrain the unauthorized use; and
(b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:
(1) Actual damages, but not less than $750; and
(2) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without the consent required by NRS 597.790.
2. No owner or employee of any medium used for advertising is liable pursuant to this section for any unauthorized commercial use of a person�s name, voice, signature, photograph or likeness unless it is established that the owner or employee had actual knowledge of the unauthorized use.
(Added to NRS by 1989, 1609)�(Substituted in revision for NRS 598.988)
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