Legal Question in Civil Litigation in Pennsylvania
(i wasn't sure what area of the law to chose. I thought it might be common law or procedural law but there was no option for that.)
Can i get a court order to have some photos destroyed or sealed? I went to a festival and had my body painted by a vendor body painter. After wards he took photos. He didn't actually explain why I thought it was for his portfolio. I never signed a contract saying that he could use, sell, or distribute these photos.
At first I did not mind because I assumed it was for his portfolio and he took photos of all of his clients. But I became more acquainted with him after the festival and have determined that he is unprofessional (and basically a nut case). Although, I don't have a precise idea of what he would do with the photos I don't trust him to keep them.
Can I get a court order to have them destroyed or sealed? What is the court cost and what does that involve?
his business is set up in Delaware. I live in Pennsylvania.
1 Answer from Attorneys
The photos are the vendor's property, and it seems you at least implicitly consented when he wanted to take them. Depending upon the circumstances under which they were taken, he may or may not have the right to publish them. Even if he has that right, nothing in your question suggests that he has published them or that he intends to. Your concern that he might publish the photos is understandable, but it would not justify any type of court order against him.
If he doesn't have the right to publish the photos but does so anyway, a court might award you damages (the amount would depend upon how the photos were used and how they depict you) and order him to stop publishing them, but it would not order them destroyed.
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