You've come across your photo connected to a product. A company is using it to sell something, and you didn't have anyone contact you to ask for permission. Now, what do you do? Is it possible to sue the company or do you just have to sit back and accept it? Here's all you need to know.
Who Is Using It?
This can depend on where the photo was placed and which company is using it. Check the terms of the site to make sure you haven't accidentally given away rights to use it. For example, if you post photos on Facebook, the site does have a part in its Terms of Service that they can use your images. This will depend on your privacy settings, though.
If you gave rights through Terms of Services, you won't be able to sue the company for then using it. You may be able to request that it isn't used in that way, but they don't have to agree to take it down.
You'll need proof of any infringement, so make sure you keep a copy of it. If you haven't given any rights away at all, you can sue. If it is a company not connected to the one you gave rights to, you can sue.
Was It an Invasion of Privacy?
The photo may not have been yours but it may be of you. This could be an invasion of privacy, and you could sue for the photo to be taken down. Another way the image could invade your privacy is if it is used in an offensive or false manner, where it may defame you.
It is important to note that the invasion of privacy rule for taking photos would only stand in an area where you expect a photo not to be taken, such as your own home or garden. If you are in a public place, you wouldn't be able to sue.
Does the Photo Imply Endorsement?
If the photo implies that you endorse a product, you can sue the company for using it. This is because it would be a violation of your right to publicity. By seeing your face, others may agree to buy a product that you have never tried and then blame you for that decision; questioning how you could use or approve of it.
Companies don't have a right to use your photos, and can't just use them to sell a product in any way even if they do have some rights. It's important to check any rights that you have given and consider the way it has been used to determine if you can sue the company. To learn more, contact a law firm like Haslam & Thorne, LLP.
