If a business used my photo in a brochure without my consent, am I entitled to compensation?

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If a business used my photo in a brochure without my consent, am I entitled to compensation?

I was employed with the business when they originally used my photo. Then they fired me and continued using my photo without consent.

Asked on May 7, 2012 under Business Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the business for invasion of privacy.  One type of invasion of privacy is the misappropriation of your name or likeness for commercial purposes without your consent.  One issue that may arise is the issue of consent because the business was using your photo presumably with your consent when you worked there and if you entered into a contract with them to use your photo then, you would not be able to withdraw consent.  If there wasn't any contract and you did revoke your consent, you have a claim for invasion of privacy.  Your damages in a lawsuit for invasion of privacy would be general damages such as harm to your social or business interests, mental distress, physical illness.


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