My son, at age 12, was photographed while visiting someone I know. She did not tell me until AFTER she published a cookbook, that she used multiple photos of my son in the book. I told her she did not get permission from me and I was not comfortable with that. I asked her to not sell any of the books. She has the book listed for sale on Amazon and in local markets. Do I have rights and grounds to take legal action? Thank you.
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5vtc b/c Consider consulting an attorney if you have any serious legal concerns. – xiota Dec 21 '19 at 02:00
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- In what legal jurisdiction (country) are you located? 2) In what legal jurisdiction were the photos taken? 3) Is your son the primary subject of images or one of several people that happen to appear in images that are primarily focused on something else? 4) Why are you asking a bunch of people on the internet for legal advice? 5) Is exercising your legal rights more important to you than maintaining whatever relationship you had with the person who photographed your son that made you comfortable enough to allow him to visit their home?
– Michael C Dec 21 '19 at 02:03 -
32a) Were the photos taken in an area that would be considered publicly viewable (like a front porch visible from a public sidewalk)? – Michael C Dec 21 '19 at 02:09
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3You should post the question in the Law Stack Exchange site. Or better still talk to an actual lawyer. – Eric S Dec 21 '19 at 14:55
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1Related: I just saw my children in a photograph on the wall of a chain restaurant. What rights do I have to protect their image? – Michael C Dec 22 '19 at 07:37
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Do the pictures show his face, or a recognizable likeness? If it's from the side, far away or from behind it's possible she can legally use them without signed permission.
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I will be consulting an attorney. My son is the only one in the photos, close up photos of his face, inside her house sitting down. My concern about it was that I had survived something in my past and fear that person will find me again...so I have taken a lot of precautions to protect myself and my kids. I live in the USA and had trouble finding the correct answer online so I appreciate the advice. – Starr Martin Dec 21 '19 at 12:54
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This is not an answer, ask questions in the comments section of the post. – Robin Jan 06 '20 at 20:19