Legal Question in Personal Injury in New York
Is it legal to use my picture without my knowledge
On last Sat. night, CBS-48 Hours did a story on a double murder in Napa, CA. I grew up in Napa, CA. All of a sudden I was taken back because my picture and name was on the television. They were actually showing the high school yearbook picture of the person who is responsible for the murders. I happen to be the next picture. They did not block out my face or name and there I was next to a murderer. By the time the show was over, they had shown this 8 year old yearbook picture 4 seperate times with my picture and name.
I was never contacted that they were doing this and I felt physically ill after I saw this.
Is is legal for them to show my picture like that. They very easily could have blurred my picture out, or better yet when they took the shot just showed his picture.
Please let me know if what they did was legal.
Thank you,
--name removed--Crawford
4 Answers from Attorneys
Re: Is it legal to use my picture without my knowledge
I disagree with the other attorneys.
If the picture was shown in such a way that a reasonable person may have become confused and believe that you are the criminal, then they have committed the 'civil crime' (tort) of 'false light' and you have a case against CBS.
They would likely settle the case for the low five figures and an apology made to you.
Re: Is it legal to use my picture without my knowledge
They didn't use your picture -- they used the picture of the person next to you. You have suffered no cognizeable loss at law.
Re: Is it legal to use my picture without my knowledge
Yes if they used it the way you describe. It was a news story on a legitimate matter of public interest
and if they clearly showed the person next to you as the accused, they did not refer to you at all. They referred to a page in a year book.
The situation would be different had they gotten the pictures confused, or used your picture for publicity or for a commercial advertisement without your permission. That would violate your rights under the NY Civil Rights Law and your right to privacy.
Re: Is it legal to use my picture without my knowledge
While they may have used your image, you were not being identified as a murderer. I believe a cause of action would be a very difficult case to make.
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