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Hi. I thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.If her photograph is used for commercial purposes without her consent, that is "misappropriation", which is an actionable tort offense. However, if the photograph is used pursuant to a news-piece, the story is different. Hence, the answer is "yes" if the photograph is for commercial purposes and "no" if it's for a news-story.
For your reference, please see the following link: http://www.rcfp.org/first-amendment-handbook/false-light-misappropriation-right-publicity
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In a tort offense of this kind can I receive monetary damages from the my ex church for the use of the picture
Yes, assuming it was used for commercial purposes and not for news.
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can I pick an arbitray figure for a per day usage, and if not who could I ask for advice for monetary damages?
Great question. Such damages are typically based on the value to the organization in the use of the name, and the harm to the individual - if there is a cognizable harm. It is not an arbitrary figure, and it's a good idea to consult a local attorney for a recommendation on setting a price. For that, please see the following link: Lawyer Referral Service - Pennsylvania Bar Association
No that answers my questions, you've most help ful. have a great day.
You too! Thank you.
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