Legal Question in Intellectual Property in New York

Image used for advertsing

I attended a convention last year where I volunteered and dressed in costume. A photographer for the event asked if I minded having my photo taken because it may appear in the publication he worked for. I said no thinking it would be used for a report on the event. Since then the photo of me has been used several times to advertise the same convention being held this year. I did not sign a release for this. Am I entitled to anything?


Asked on 4/04/07, 8:47 pm

3 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Image used for advertsing

Probably not. Usually pictures taken of someone in public are not private and there exsists no expectation of privacy, then your agreement to paricipate in the event in costume and agreement to allow your photo to be used further hurt your cause. In fact he can reuse and resell the photo as often as he would like even if it is to be used in a completely different event.

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Answered on 4/04/07, 8:52 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Image used for advertsing

I disagree with my colleague. Under New York law, use of someone's distinguishable photo for advertising, will generally require a written consent. There are exceptions to the statute but I don't believe any apply here.

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Answered on 4/04/07, 9:18 pm
Johm Smith tom's

Re: Image used for advertsing

I would agree with Mr. Mark. You can contact the photographer or event coordinator yourself and probably have them simply pull the photo and ignore you or you can have an attorney contact them for compensation for you. You will of course need to be reasonable in your demands.

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Answered on 4/04/07, 9:21 pm


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