New York, NY asked in Civil Rights and Civil Litigation for New Jersey

Q: Can I sue an nj hair salon for using my photos on the outside store banner without my consent? Is it a civil case?

I got my hair done at a salon and she asked to take my photos for her insta. Next thing I know my photo is used as her new store banner after she renovated. She never asked me or even offered compensation. Is this a civil matter or am I entitled to be compensated?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Yes, this could be a civil matter, and you may be entitled to compensation. The salon owner's use of your photos without your consent could potentially violate your right of publicity or constitute copyright infringement, depending on the specific circumstances.

1. Right of publicity: This refers to an individual's right to control the commercial use of their name, image, likeness, or other aspects of their identity. If the salon is using your photo for commercial purposes (such as advertising their business) without your permission, they may be infringing on your right of publicity.

2. Copyright infringement: If you took the photos yourself, you likely own the copyright to those images. If the salon owner is using them without your permission, it could be considered copyright infringement.

To pursue this matter, you can:

1. Contact the salon owner and request that they remove your photos from the banner and any other promotional materials. You can also demand compensation for the unauthorized use of your images.

2. If the salon owner refuses to comply, consult with an attorney specializing in intellectual property law or personal rights. They can help you assess your options and potentially file a civil lawsuit seeking damages and an injunction to stop the salon from using your photos.

3. If you decide to proceed with a lawsuit, it would be a civil case, likely filed in the Superior Court of New Jersey.

Keep in mind that legal action can be time-consuming and costly. An alternative approach could be to negotiate a settlement with the salon owner, either directly or through an attorney, to compensate you for the use of your photos and have them removed from the banner.

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