Legal Question in Civil Litigation in Rhode Island
Reproduced Photo
I went to a baseball game. I flashed one of the players. I found a topless picture of me in a magazine this month that was taken at the game. I did not sign or agree to that. What can I do?
1 Answer from Attorneys
Re: Reproduced Photo
This is an interesting question and I am assuming that you are a woman. Generally if someone prints a reproduction of a photograph of you the first determination that must be made is where the photograph came from. If you were a model and someone paid to have the photograph of you done, then the person paying would have a proprietary interest in that photograph. Additionally if you were sunbathing topless in an area where you believed and had a legitimate expectation of privacy, then a photograph of you topless would be invasion of privacy and would be actionable.
Neither of the above situations seem to apply to your case. If I understand correctly, you voluntarily chose to expose yourself in public. As such there is no expectation of privacy and certainly no proprietary interest in your public display.