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AD   02 November 2020

Photographer using wedding pics without consent

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



Learning

 6 Replies

Suri.Sravan Kumar (senior)     02 November 2020

issue notice to him to remove the video and handover the photos to you. If he fails to take any action you can lodged police complaint against him.

Ishita Desai   02 November 2020

Originally posted by : AD
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

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.

AD   03 November 2020

Dear Sravanji,

 

He removed the video and already gave the pics + Videos to me. As mentioned, my concern is he shouldn't use it and delete from his end as noticed he uploaded it to multiple places like justdial.com

 

@Ish*ta

 

Trying to find out the best way to sort this out. He shouldn't be using it for other customers as well

 

Regards

Suri.Sravan Kumar (senior)     03 November 2020

Why do you think that after removing/deleting he will upload again? Think Positive.

Vishesh Kumar   10 November 2020

I don't think that the photographer will be using your photographs elsewhere now, as you have already sorted out the matter earlier.

AD   15 December 2020

Dear Sravanji & Vishesh,

I noticed that he already uploaded it as stated above + you never know from there who will use my pics further as the internet works in a different way. So, now via him the entire world got access to my function pics and I am not a celebrity to be ok with this.

 

How much does it cost to send a legal notice for this?
 

Regards


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