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patent violation? personal photo used unauthorized
Posted by . updated on 6/17/2008
this author used a picture that including my image in it and print my name in the picture, without my permission. can i sue him? under what law? thanks for any advice.
Answers (2)
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Steven ...
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Your informatiion is too limited to suggest an answer. What do you mean by "patent violation?" Generally, in NY, it's unlawful to use the name and likeness of someone for advertising or trade purposes (see Civil Rights Law scns 50/51) however there are limitations on asserting such a claim. Even if you were more specific, it's unlikely any lawyer on this site would advise you that you have a case or not. Your question requires a more thorough review and a proper opinion.
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Nancy D...
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One thing this situation is definitely not is a patent violation, since you cannot hold a patent on your image. Otherwise, as Mr. Mark has stated, your question is far too vague for any real determination of your rights. If you are interested in pursuing the matter, you should contact an attorney for a consultation. You're often best served by finding an attorney who is geographically close by. Your county's bar association or the NYS Bar Association can serve as referral sources if you need a referral. THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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