Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

A: If the artist is using either the photograph or the mural for "advertising purposes" or for "purposes of trade" then you can put a stop to it through court order (i.e., an injunction) and potentially obtain damages.

A: You have rights regarding the unauthorized use of your image, especially if it was taken at a private event without your consent for commercial use. Typically, using someone's likeness for profit or public display without permission can be a violation of your privacy rights or right to publicity, depending on your location.

You should consider discussing this situation with a legal professional to understand your options, including potential compensation or removal of the mural. The fact that the artist is profiting from prints of the mural adds to the seriousness of the situation.

It's important to address your concerns with the artist and express your discomfort with the situation, including your decision about attending the ceremony. You have the right to set boundaries regarding how your image is used and to seek proper recourse if those boundaries are crossed.

A: Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:

Right of Publicity:

In many jurisdictions, individuals have a right of publicity, which protects against the unauthorized commercial use of one's name, image, or likeness.

The use of your image in a mural, especially if the artist is profiting from prints, could potentially violate this right.

Privacy Rights:

If the photo was taken at a private event, you may have had a reasonable expectation of privacy.

The public display of this image without your consent could be considered an invasion of privacy.

Copyright:

The photographer typically owns the copyright to the photo, not the subject.

However, copyright doesn't override other legal protections like privacy rights or right of publicity.

Consent:

The lack of informed consent for the use of your image in a public mural is a significant issue.

The artist's failure to obtain your permission before creating and displaying the mural could be legally problematic.

Commercial Use:

The artist profiting from prints of the mural adds a commercial element to the use of your image, which strengthens your case if you choose to take legal action.

Your options:

Negotiate with the Artist:

You can request that the artist remove or alter the mural to obscure your identity.

You could negotiate for compensation for the use of your image, especially given the commercial aspect.

Legal Action:

You may have grounds for a lawsuit based on violation of privacy rights, right of publicity, or unauthorized use of your image.

Consult with a lawyer specializing in privacy or intellectual property law to understand your specific rights in your jurisdiction.

Cease and Desist:

You can send a formal cease and desist letter demanding the removal of your image from the mural and any associated prints or promotional materials.

Public Statement:

If you're uncomfortable with the situation, you have the right to decline participation in any events or promotions related to the mural.

Documentation:

Keep records of all communications with the artist and any evidence related to the creation and promotion of the mural.

Recommendations:

Clearly communicate your concerns and wishes to the artist in writing.

If the artist is uncooperative, consider seeking legal counsel to understand your options and rights in your specific jurisdiction.

Be cautious about participating in any events or promotions if you're uncomfortable with the use of your image.

Remember, laws regarding image rights and privacy can vary by jurisdiction, so consulting with a local attorney would provide the most accurate guidance for your specific situation.