Legal Question in Business Law in New York

Likeness Used On Greeting Card

In a local gift shop, I spotted a greeting card with my picture as a three year old on it. I purchased the card, asking all members of my family if it was in fact me and if they submitted it to the company. All agreed it was me and all said they did not submit it. One sister told me that she had a snapshot that clearly shows the photo on a table in my childhood home. I called the company, and without telling them the picture was me, I gave them the name of ''the person'' in the picture. After much hesitation, they said they would call me back after discussing it among themselves. They did call back and left a message stating simply that ''the name did not match''. What legal recourse do I have? I have no desire for damages, but do not want my picture on these cards.


Asked on 10/25/02, 1:33 am

2 Answers from Attorneys
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Likeness Used On Greeting Card

Whoever took the photo holds the copyright to the picture. This means all rights in the photo belong to him: the right to sell, distribute, reproduce, display, etc.

However, as the subject in the photo, you would have had to give the photographer a release to use your likeness (at the time the photo was taken, it would have been your parents who gave permission). So in my opinion, if that release was never given to the photographer, you should have the right to request royalties from the sale of this card as well as the right to demand that they stop using your likeness, if that is what you wish. (I said "should" above, because there will also be issues regarding laches, contracts, etc. However, I still think it is worth an attempt on your part to collect reimbursement from the card company and/or the photographer.)

Good luck.

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Answered on 10/26/02, 7:22 am
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Likeness Used On Greeting Card

Whoever took the photo holds the copyright to the picture. This means all rights in the photo belong to him: the right to sell, distribute, reproduce, display, etc.

However, as the subject in the photo, you would have had to give the photographer a release to use your likeness (at the time the photo was taken, it would have been your parents who gave permission). So in my opinion, if that release was never given to the photographer, you should have the right to request royalties from the sale of this card as well as the right to demand that they stop using your likeness, if that is what you wish.(I said "should" above, because there will also be issues regarding laches, contracts, etc. However, I still think it is worth an attempt on your part to collect reimbursement from the card company and/or the photographer.)

Good luck.

Read more
Answered on 10/26/02, 7:23 am


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