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max713
max713, Lawyer
Category: Family Law
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My ex-church has a new website. I have found out that they

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My ex-church has a new website. I have found out that they have a picture of my daughter on the site with out ever asking for my consent. do I have any legal re-course

max713 :

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.

max713 :

For your reference, please see the following link: http://www.rcfp.org/first-amendment-handbook/false-light-misappropriation-right-publicity

max713 :

Does that make sense?

max713 :

If so, do you have any follow up questions? I welcome any and all - as it is my goal to provide you with the best possible service.

max713 :

Or, if you have no follow up questions, that's fine too. If so, please remember to provide me with a positive rating prior to exiting.

max713 :

But, if you have ANY further questions, please ask away - as I am here to serve you.

Customer:

In a tort offense of this kind can I receive monetary damages from the my ex church for the use of the picture

max713 :

Yes, assuming it was used for commercial purposes and not for news.

max713 :

Do you have any further questions? I'm still here to serve you.

Customer:

can I pick an arbitray figure for a per day usage, and if not who could I ask for advice for monetary damages?

max713 :

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

max713 :

Do you have any further questions? I'm still here to serve you.

Customer:

No that answers my questions, you've most help ful. have a great day.

max713 :

You too! Thank you.

max713 :

Please remember to provide me with a positive rating prior to leaving this forum.

max713 :

Thanks again.

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