If aphoto of my cars engine bay was taken and used on a companies product page without my consent, is this legal?

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If aphoto of my cars engine bay was taken and used on a companies product page without my consent, is this legal?

An auto parts company that I used to go to installed 1 of their parts on my car. I have discovered that they are using a photo of my engine bay on their product page. This photo was taken without my consent and is used on the page currently where you may purchase the part. I have not given them an permissions to take or use photos of my car commercially. I was informed that given the context this may be illegal. Is it?

Asked on January 11, 2011 under Business Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well if your car was in a public place and the photo was taken from a public place, you have no case. So you need to check the angle and inquire if it was indeed taken from a public place. If this motor vehicle was in the company's possession and that company took the photo on its own property and without your permission, you may have a right to have the picture taken down or given a nominal amount (amount to be determined by negotiation or if you sue, by the mediator, arbitrator or judge).  It is not like this is the picture of you and you are marketing yourself nor is it a photo of your property that they are selling (i.e., not your engine).  So you need to talk to them first and make sure by talk, you have documented everything in writing.


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