Q: Can my apartment complex use my image without permission on a promotional account?
My apartment complex posted my picture on their public, promotional Instagram page (taken without my permission from MY instagram), along with my full name and (given that it is their own Instagram) basically my address. I was neither informed prior OR tagged in the photograph, so was I not notified and only happened to come across the picture by chance. Thoughts? This doesn’t seem entirely legal and in theory could endanger my life (the internet can be a scary place - don’t want murdery guys knowing what I look like, my full name and where I live). I’m also a reasonably attractive 21 year old girl, I’m pretty sure that might have been part of the appeal.
A: You should check your lease. However, a standard lease doesn't include those rights. In Texas, you have a property right in your image. Certain public images may still be used without permission, but not generally for commercial purposes. For example, if you walk through a live newscast at a crime scene, then you can't sue for damages. Generally, unless you have given permission (check your lease), then they shouldn't be doing that.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.