Photo used without my consent

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Photo used without my consent

Hi, a large dental lab company has used my photo in their magazine without my
consent. The company has since then taken it down from the website, however the
hard copies are in circulation. Is there a case here? They have offered me 250
in compensation, however I’ve been reading civil codes, and it starts at around
750
Thanks

Asked on July 12, 2017 under Business Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Typically, these cases first look to contract law. Was there an employee handbook that discussed this? And did you sign such a handbook? If so, then you did in fact give your permission for the use of your photo. If not, than as a "private" person you probably have a claim for commercial use of your image. That having been said, damages in such cases are usually tough to prove. What are your damages? Frankly, you can try and negotiate but whatever you can get you should take and move on. However, you may be able stop the use of the picture, you can probably find an attorney to handle this on a flat fee or hourly basis.

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

Answered 3 years ago | Contributor

You can sue the company for invasion of privacy.  One type of invasion of privacy is the use of your name or likeness for commercial purposes without your consent which occurred when your photo appeared in the magazine.
If you are dissatisfied with the settlement offer, you can reject the settlement offer and file a lawsuit for invasion of privacy. 
Considering the small amount of damages (monetary compensation), it would be advisable to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs such as the court filing fee and process server fee.


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