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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41220
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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She did have permission to TAKE my picture but not permission

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She did have permission to TAKE my picture but not permission to sell or profit from it. My image is not exactly my "work" (I also paint so know a little about that copyright law) but does the same law apply to my likeness? I feel it is a gross invasion of privacy. Isn't that illegal?

Thank you for your post and thank you again for requesting me.

Your image is your likeness. You own it. Nobody else can use your likeness without your permission or consent. This is based on a seminal case where a third party used a likeness of VXXXXX XXXXX in a 'Wheel of Fortune" style commercial without her permission. She won even if the image was not quite hers. Here, the elements are far easier to prove as the image IS yours and is not being used with your permission. As someone who knows a bit about this type of law, this goes beyond 'fair use' and goes into infringement of your likeness. This is not criminally illegal, but it violates copyright law and permits you to sue for damages.

Good luck.

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