Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.
I did not sign any forms at all. She just started to take pictures of my face before and after the procedure. I told her that I don't like being photographed. But she said it's a requirement by the law. I told her then not to post pictures anywhere but she insisted. So I let her post my eyebrow only on her Instagram. After a month and half, I had to revisit and she took pictures again without asking me. My eye were closed so I'm not sure how many she took. Later that day, she posted my eyebrows and my full face on her Instagram additionally as before and after the procedure pictures. Although my face is blurred, I don't like my body parts being on someone's SNS for an advertisement. Can she do that?
A: You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.
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.