Legal Question in Entertainment Law in New York

as the subject of a professional photo, what are my rights?

A current professional photographer was a (non professional) friend of my family when I was little. I recently discovered his website, and there was a picture of me at age 6 on it (for sale at $950). Do I have a right to any royalties, or at least a free copy of the print?


Asked on 5/03/09, 7:03 am

1 Answer from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: as the subject of a professional photo, what are my rights?

If the copyright is owned by the photographer, your only claim might be an invasion of privacy, however, the statute of limitations is very limited and the photographer may have the right to do what he's doing. On the other hand, taking what amounted to a private snapshot wouldn't give the photographer the right to exploit it without permission from the subject. Perhaps he got permission from your parents before he sold it. If you're still under 18 or just turned such, you might still have certain privacy rights but you'd have to act quickly to claim any damages. Even without damages, you might still be able to stop future use. If you want a copy, why don't you just contact him, inttroduce yourself and ask for a print.

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Answered on 5/03/09, 6:22 pm


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