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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3444
Experience:  30 years of experience
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I live in the USA, I am planning to use someone's photo

Customer Question

Hi, I live in the USA, I am planning to use someone's photo from China and Thailand for marketing and soliciting. Can those people sue me from there homeland for using there photos for marketing purposes? Since they don't live in America, what lawsuits and allegations could come up?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There are two issues that you need to be concerned about: right of publicity and copy right.

The individuals in the picture could sue for violating their right to publicity. Also the person who took the picture could sue for copyright infringemnt. Now the odds may be small that that would occur but it is a potential risk you need to consider.

Also you should know that there are companies that use software to "prowl" the internet looking for unauthorized use of copyrighted photographs. They then inititiate proceedings in order to force the user to pay a settlement for the use. These companies have arrangements with companies that run legitmate stock photo companies.

One way to avoid the risk is to find a legitimate stock photograph company and obtain permission to use one of their photographs. Many of these stock sites allow the use of photos at little and some times no cost. Read their terms and conditions carefully to make sure that your propsed use is permitted.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.