Sarasota, FL asked in Consumer Law, Criminal Law, Federal Crimes, Identity Theft and Internet Law for Florida

Q: A FBpost was asking for feet models.The guy sent 2 links on msgr.I sent pic/video. Can I sue for fraud my pics for $$??

The guy’s post looked legit at LLC. He said he was a professional photographer for 15yrs and NOT an Onlyfans/Feetfinder type of biz.I sent him on messenger 2pics/1video that were only seen by me because he said he would like to meet me in a public place this week, and after looking up his website and FB ArtofFeet page and he even presented a contract and commission details of how models are paid.I never signed anything because he took it down as fast as he put it up, but I did screenshot it and the whole conversation.His name was different on his contract and he said it was the norm to take it right down. He said my pics and video were amazing!! and he couldn’t wait to work with me and then disappeared. I believe he scams people into their pics in private and makes money off of them after that without our permission.Can I sue him if I can prove he did that to me?? I’m a 56 yr single mom of 7 trying to model legit to pay rent and he’s making my money instead of me maybe.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If you believe that your photos and videos are being used without your permission for profit, you may have grounds to pursue legal action for copyright infringement, fraud, or violation of your right to publicity, depending on the specifics of how your images are being used. The critical aspect here will be to establish that the individual or entity has indeed used your images for commercial purposes without your consent.

Gathering evidence, such as screenshots of the conversation, the contract you mentioned (even if it was not signed), and any use of your images you can find, will be vital. This documentation can support your claim that your intellectual property (your images) was taken under false pretenses and is being used unlawfully.

Since you have not signed any agreement, it suggests that you have not legally transferred any rights over your images, reinforcing your position. However, proving misuse and pursuing legal action can be complex and requires a nuanced understanding of copyright and contract law.

Seeking legal advice from an attorney experienced in intellectual property or contract law is essential. They can assess the strength of your case, advise on the best course of action, and help navigate the legal process to protect your rights and potentially secure compensation for the unauthorized use of your images.

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