Alabama  |  Entertainment Law

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2/09/05, 10:33 pm

Legal Question


Childs Photo Published in People Magazine without permission

My wife and three children won backstage passes to a very popular female singers concert. The singer would pose while one of her assistants used your camera to take a photograph of her with the fan. However, an unknown photographer in the back was taking pictures and two weeks later my son's picture is in People Magazine. In the photo my 3 yr. old son is giving her a kiss on the cheek. No one ask our permission to publish his photo. His name was not listed, but the city and state was. This photo had a caption that stated something like, ''???? kicks off her concert with fans in Birmingham, Alabama''

How can they publish his photo without our permission? We assumed she used the photo as publicity to show her concert to be ''kid friendly'' and sort of like the kissing politician, what a great person she is. Of course it didn't say that she refused to given give him an autograph. Would we have a suit against her and/or People Magazine?

Thanks,

JM


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