Thank you, A.
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 allow someone to take a photograph of you, without prior written agreement, you give that person the rights to that photograph. For example, photographers naturally GET THE RIGHTS TO A PHOTOGRAPH in a shoot unless there is an agreement stating otherwise. They became his, and technically, he can do whatever he wants with them (there are limitations, we will get to them in a moment).
2) 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 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
allow him to take the photos. 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 the site to take down the photos may be requested from the Court. If you win, the take down order shall be permanent.
This is typically initiated by a "cease and desist
" letter from you or your attorney to BOTH the site and the ex, since either have the power to take down the photos. If this is not done, litigation
follows. An attorney is recommended so that the letter would be taken 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.
I hope this helps and clarifies. Good luck.
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