Legal Question in Civil Litigation in Pennsylvania

photograph printed

My employer had reporters from our local newspaper at our job site to do a story on the background and growth of the company. Photographers were taking photos of workers on the job and also getting names of employees. We were then given consent forms. I did not sign my form as I did not wish to appear in the newspaper. A few days later the story ran and a large photo with my name under it was printed. I was extremely upset and went to my managers at work who basically brushed me off and said that I was not harmed. I do not understand why we would have been given consent forms if they are not really neede to use the photos. Do I have any recourse in this situation?


Asked on 9/01/06, 10:08 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: photograph printed

You asked if you had any right of publicity in connection with photos taken by and published in a newspaper in connection with s story on your employer.

The answer is it depends. In most cases newspapers have the right to use the image of a person in connection with a news story.

A common anonymous person has a right of privacy that is famously read into the penumbra of the First Amendment to the Constitution. This may or may not be applicable to the situation at hand. New sources have a general right to publish the images of persons associated with news. Whether the situation you were involved in was news is not an easy argument to make either way.

As to damages. You may have some but they will be difficult to prove. It would be easier if you had some religious opposition to photographs where you believed your soul was being stolen.

Another thought is that you have probably already consented to use in your general employment and hiring documents. Also by the fact that you did not remove yourself from the area where the photos were being taken.

While I do have a problem with the fact that your managers are so callous there is nothing that can be done.

Regards,

Roger Traversa

email: [email protected]

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Answered on 9/01/06, 11:43 pm


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