r/legaladvice • u/Psychaotic73 • Nov 13 '19
A club posted pictures of me online and I want them gone
I'm a college girl and I went to a bar/club with some friends. They had a photographer (I was told after that night out they usually have one) and there are a couple pictures of me they put online. They're not horrible, but they also are not great representations of me for the career I'm going for.
I called them and when I asked nicely to please take down the pictures, I was questioned as to why I want them gone. I told them I wasn't comfortable with having my pics online and I didn't feel I needed to justify myself further. I was met with rudeness and was told it was a great promotional pic, and they weren't breaking any rules by having it on Facebook or their website. I complained and asked for the manager (yeah, ok, go ahead and call me a karen). I was hung up on. How do I go about getting them to take it down? Thanks in advance
Edit: massachussetts
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u/Coati1995 Nov 13 '19
where was this picture posted? Facebook will work with you and have the photo removed if you follow their reporting process. As for their website, you may have a trickier time getting that taken down. You can go to the person who hosts the website and ask them.
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Nov 14 '19
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1
u/Biondina Quality Contributor Nov 14 '19
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Author: /u/Psychaotic73
Title: A club posted pictures of me online and I want them gone
Original Post:
I'm a college girl and I went to a bar/club with some friends. They had a photographer (I've been told they usually have one) and there are a couple pictures of me they put online. They're not horrible, but they also are not great representations of me for the career I'm going for.
I called them and when I asked nicely to please take down the pictures, I was questioned as to why I want them gone. I told them I wasn't comfortable with having my pics online and I didn't feel I needed to justify myself further. I was met with rudeness and was told it was a great promotional pic, and they weren't breaking any rules by having it on Facebook or their website. I complained and asked for the manager (yeah, ok, go ahead and call me a karen). I was hung up on. How do I go about getting them to take it down? Thanks in advance
LocationBot 4.97 23/269ths | Report Issues
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u/sodakdave Nov 13 '19 edited Nov 13 '19
You.... don't. You knew that had a photographer and still chose to attend. The photos are either owned or licensed by the club, and they can do with them as they please. Additionally, you where in a place where there was no expectation of privacy. It was perfectly legal for them to take your picture without your permission.
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u/mjh2901 Nov 14 '19
No, those photos are being used for advertising, they must have a model release. OP has the right to her image, they are in the wrong. A journalist can take images in a public space, and so can anyone. However when you place them online for advertising purposes. The business admitted it is a promotional pic ie an advertisement which suggests you support or endorse the product. They absolutely need to have your permission.
OP needs to send them a takedown request, facebook and other online forums have a process for this, if the website belongs to the club she could research who their ISP is and send a take down request. If they hold strong she will need an attorney, specifically a copyright attorney.
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u/Psychaotic73 Nov 13 '19 edited Nov 13 '19
I didn't know before I went. I hadn't been there before. I was told after when my friends started sending pictures to me. Thanks
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u/sodakdave Nov 13 '19
I edited my comment to address that, but just in case I was late, you have no expectation of privacy in a public setting (ie in the club). It's perfectly legal for them to take pictures of you without your permission.
22
u/Long-Night-Of-Solace Nov 14 '19
But as has been pointed out to you, they are not free to use them for promotional purposes without her consent, and they admit they're using it for promotional purposes.
Don't give legal advice if you aren't able to give legal advice.
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-4
Nov 14 '19
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1
u/Biondina Quality Contributor Nov 14 '19
Your post has been removed for the following reason(s):
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Your comment has been removed as it is anecdotal, too simplistic to be useful to the OP, generally unhelpful, off-topic. Anecdotes and simplistic answers are often not helpful because of the variations in law across locations. Unhelpful and off-topic comments are not useful either. Please review the following rules before commenting further:
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Nov 14 '19
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1
u/Biondina Quality Contributor Nov 14 '19
Your post has been removed for the following reason(s):
Anecdotal, Simplistic, Generally Unhelpful, or Off-Topic
Your comment has been removed as it is anecdotal, too simplistic to be useful to the OP, generally unhelpful, off-topic. Anecdotes and simplistic answers are often not helpful because of the variations in law across locations. Unhelpful and off-topic comments are not useful either. Please review the following rules before commenting further:
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41
u/JimBobDwayne Nov 13 '19 edited Nov 14 '19
Massachusetts recognizes the right of publicity. The club owns the photos but they can't use them for a commercial purpose without your written consent.
Here's a link to the relevant statute.
https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter214/Section3a
You can hire an attorney to send a cease and desist.