Originally posted by : AD |
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Dear All,
A photographer was hired as usual in the wedding, was paid agreed amount and handed over the pics and videos. I noticed at times he was posting the pics in FB pages (without consent). He was known to the girl's family so I thought a little promotion.
But then he uploaded the video on Youtube which I objected that how you are posting this? This is against data security, he pulled it down and later I sent him an email to delete all my stuff to avoid any misuse in future. He never replied to the email, later I found that he has posted the pics in advertisement sites as well which is completely unethical as per me of using my data without consent
Please let me know what are my legal options here to ensure that he doesn't use it anywhere and in future for any customer too, without consent. Can I file an FIR against him? If the wedding happened in UP and Reception in Delhi where he was there at both places. Where can I file a legal case against him?
Regards |
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Hello,
Indeed, the act done by the photographer is unethical. Additionally, it is illegal. Keep in mind that every platform has a different privacy policy, so the individual that posts may think they did nothing wrong. You can go to the court stating that there is a violation of right to publicity. In this case, someone uses a photo of you for commercial purposes. In other words, if that individual posts your image to promote a product or service online or as an endorsement on a business site without your permission, he or she has violated your right of publicity. For this type of violation to occur, the public must be able to identify you in the photo used.
Because all the major social media sites, including Facebook, Twitter, and others collect data about their users all the time, a situation where your image or a video shows up can be somewhat confusing. By hiring an attorney who specializes in this issue, he or she can investigate and research to determine if you are in a position to take legal action.
Despite you giving repeated reminders to the photographer, he or she failed to remove the pictures. You might have to hire a professional to help you out with this case.
Hope this has helped you out, and given you a rough idea as to what you can start with.
Regards,
Ish*ta Desai
Law Student.