Legal Question in Intellectual Property in New York

Published personal photograph

I have noticed a picture of myself used on a popular childrens computer software program. It is not the first time I have seen this picture published and would like to know what my rights are with regard to my photograph being used for commercial purposes.


Asked on 10/04/06, 12:57 pm

3 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Published personal photograph

Individual persons generally have the right to control the use of their image for publicity purposes, especially if they are a celebrity.

Please contact me offline to arrange for a phone consultation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 10/04/06, 1:03 pm
Meyer Silber The Silber Law Firm, LLC

Re: Published personal photograph

Generally, an individual's likeness (a picture, in this case) may not be used in a commercial setting without consent. My website, www.thesilberlawfirm.com, has a discussion about a case such as yours. Please let me know if you would like to discuss this matter further.

Read more
Answered on 10/04/06, 1:23 pm
Kristen Browde Browde Law, P.C.

Re: Published personal photograph

While the other postings are correct that generally a person has control over how their likeness is used in advertising, that statement is not the end of the inquiry. The primary question is who took that photograph, with what rights, and what did you sign by way of a release.

If you're interested in discussing it further, please feel free to get in touch.

Read more
Answered on 10/04/06, 3:47 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York