Can I demand that a builder remove photos of the inside of my house from his business facebook page?

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Can I demand that a builder remove photos of the inside of my house from his business facebook page?

I hired a contractor for a project. He took before and after photos of the project and put them on his business facebook page, and said ‘if you want a remodel, contact me’, using my remodel project as advertising for his business. He did not ask my permission, he just did it. Now, on another project, he has turned quite nasty. I want him to remove all photos of the inside of my house, as it is an invasion of privacy. There is nothing in his contract about use of photos.

Asked on April 3, 2018 under Business Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He has no right to use pictures of your property or of work he did for you unless you had given him that right (e.g. it was part of the contract). You own the right to images of your own property and he cannot use them for his commercial advantage without your permission. The problem is, if he won't voluntarily comply, you'd have to sue him to get a court order to force him to take them down, and that kind of lawsuit (for a court order) must be done in "regular" country court (typically in what is called the chancery division or part in most states), not in small claims, so it can be complex and somewhat costly to do.


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