My apologies for the wait.
On this website, I do not always get to give good news, and I am afraid that this is one of these times. You may have a harder than usual time stopping him from distributing the pics. Allow me to explain:
1) When you take a photograph of yourself and send it to someone else, you give that person the rights to that photograph
. So by sending him photos of yourself, you essentially gave up your right to the photographs. They are his now, and technically, he can do whatever he wants with them (there are limitations, we will get to them in a moment). The only way to limit that automatic give up of your rights is to send the photograph with a disclaimer, possibly. Of course, no one does, and that is a weak tactic at best.
2) You cannot copyright the photos because you already gave him permission. Also, unless he is making money off the photographs, he is not illicitly using your likeness, so this is not an angle that you can exploit either.
3) However, you may still have some recourse. You can perhaps threaten (or sue) him under either harassment
or invasion of privacy
It is not quite harassment, but more like a request for a PEACE ORDER. It is meant to protect you from abuse if you are a victim of abuse. Now, if he is sending out the photographs and encouraging others to contact you, harass you, etc, then perhaps a PEACE ORDER may work. See here
. The Court may then enjoin him from distributing the photographs. I say that this is a good tactic to try because it is faster than the other option - an invasion of privacy suit.
INVASION OF PRIVACY
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, one may argue an invasion of privacy, which includes "intrusion upon seclusion" and/or "public disclosure
of private facts." Now, this is very subjective, and you did
send him the photographs. However, a sympathetic Judge or Jury may agree to enjoin him from sending the photos and possibly even award you damages. While the suit is pending, temporary orders asking him to stop may be requested from the Court.
This is typically initiated by a "cease and desist
" letter from you or your attorney, and if he ignores it, litigation
follows. An attorney is recommended so he'd take this more seriously. If you wish to do this yourself (i.e. the letter) and want a sample letter, please let me know via the REPLY button.
Is this a strong case? No. But hopefully the threat of litigation may get him to stop itself without even having the need to file.
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