Legal Question in Technology Law in New York

My Picture was used on a web site

I discovered that a photograph of me was used by a former employer on their website (without my permission). It appears on each of their pages and is part of a collage of images on the top of each page.

I now reside in texas, but i worked in NY for the employer

My question is:

A. is this permissible since I was once an employee?

B. Should they have obtained my permission prior to publishing web site?

C. Am I entitled to any judgement or otherwise for their using my photo without permission?

D. What, if any, legal recourse do I have?

Thanks for any help


Asked on 2/18/05, 10:46 pm

2 Answers from Attorneys

Seema Manku Sawarn & Co.

Re: My Picture was used on a web site

Under U.S. copyright law, it is illegal to copy someone else's photographs, without permission, and publish them on your website. This equally applies to your Employer unless of course you have signed some sort of release for the use of your picture. Please find below answers to your queries in seriatim as follows :

A) No it is not permissable.

B)Yes the employer should have obtained your permission.

C)Right way of going about is to get an attorney write a Cease and Desist letter demanding the employer to forthwith remove your images from the website within certain time limit. If the employer fails to to do, you can file an action against the Employer and get a judgement against them.

D)See the answers above.

If you so desire, our firm can handle the matter for you. If you have any questions or need any clarifications please feel free to contact us at [email protected].

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Answered on 2/19/05, 5:50 am
William Frenkel Frenkel Sukhman LLP

Re: My Picture was used on a web site

Whether your privacy (and, possibly, publicity) rights have been violated and whether you have a colorable claim for damages/injunction would turn on the issue of consent (you may have agreed implicitly by virtue of your employment agreement, employee handbook and policies, etc.) and on the nature of the posting (commercial use vs. news reporting), among other things.

This reply is in the nature of general information, is not legal advice and is not to be relied on as such.

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Answered on 2/20/05, 12:33 am


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