Unauthorized use of photo of my 9 year old daughter

[mosesdais6]

Jurisdiction

New York

I was directed by a friend that there was a web page using a photo of my daughter to ask
for donations for the former homeless children. The photo was taken as well used without my permission or consent.

 

[zddoodah]

Ok. do you have a question?

 

[mosesdais6]

Ok. do you have a question?

what should i do? how do I handle this? Is there any legal ways to deal with the culpret?

 

[zddoodah]

what should i do?

That's up to you.

how do I handle this?

Depends on what result you want to achieve.

Is there any legal ways to deal with the culpret?

Yes.

What you've described is a violation of section 50 of the New York Civil Rights Law. The logical thing to do is to contact whomever owns the web site in question and demand whatever it is that you want. Take down the picture? Money? Both? Something else? You can get a lawyer involved now to make the demand for you or you can do it yourself and only involve a lawyer if you do not get what you want.

By the way, and just to be clear, are you and your child's other parent on the same page with respect to this issue? For example, your post doesn't rule out the possibility that you and the other parent are not together and that the other parent consented to this use. Just trying to make sure we have all of the relevant facts.

 

[mosesdais6]

That's up to you.



Depends on what result you want to achieve.



Yes.

What you've described is a violation of section 50 of the New York Civil Rights Law. The logical thing to do is to contact whomever owns the web site in question and demand whatever it is that you want. Take down the picture? Money? Both? Something else? You can get a lawyer involved now to make the demand for you or you can do it yourself and only involve a lawyer if you do not get what you want.

By the way, and just to be clear, are you and your child's other parent on the same page with respect to this issue? For example, your post doesn't rule out the possibility that you and the other parent are not together and that the other parent consented to this use. Just trying to make sure we have all of the relevant facts.

Yes, me and the mother are on the same page with this issue. The problem with that she lives in the building that posted the web site and they are the type people who will try to make threats as well violate her further. they are already trying to get her to sign something which I've advised her not to do.To my knowledge these are the facts. There are others with this issue as well and some have been offered and given gifts. My wife has not taken anything. She has been approached twice about this issue. I emailed them and asked them to remove the photo. They came at me like I have nothing to do with it, but we are talking about my now nine year old daughter meaning I have everything to do with it. Since then they've asked my wife to talk and sign some papers as well asked if my daughter was still gonna participate in the art class. This is where the photo was taken (art class).

 

[mosesdais6]

Yes, me and the mother are on the same page with this issue. The problem with that she lives in the building that posted the web site and they are the type people who will try to make threats as well violate her further. they are already trying to get her to sign something which I've advised her not to do.To my knowledge these are the facts. There are others with this issue as well and some have been offered and given gifts. My wife has not taken anything. She has been approached twice about this issue. I emailed them and asked them to remove the photo. They came at me like I have nothing to do with it, but we are talking about my now nine year old daughter meaning I have everything to do with it. Since then they've asked my wife to talk and sign some papers as well asked if my daughter was still gonna participate in the art class. This is where the photo was taken (art class).

 

[zddoodah]

Yes, me and the mother are on the same page with this issue. The problem with that she lives in the building that posted the web site

You seem to be implying that you do not live in the same building, which means you're divorced or separated or never were married. Correct? Is there a divorce decree or custody agreement? If so, which of you is the custodial parent? If you're not the custodial parent, then the mother is likely the only one who can take action for this.

 

[mosesdais6]

Yes, me and the mother are on the same page with this issue. The problem with that she lives in the building that posted the web site and they are the type people who will try to make threats as well violate her further. they are already trying to get her to sign something which I've advised her not to do.To my knowledge these are the facts. There are others with this issue as well and some have been offered and given gifts. My wife has not taken anything. She has been approached twice about this issue. I emailed them and asked them to remove the photo. They came at me like I have nothing to do with it, but we are talking about my now nine year old daughter meaning I have everything to do with it. Since then they've asked my wife to talk and sign some papers as well asked if my daughter was still gonna participate in the art class. This is where the photo was taken (art class).

What I'd like to achieve is to get my family out of this building. This is not the first violation this building has placed on my family. Money is always a good thing. I see my daughter as the most beautiful young lady and I think from the moment that she was placed on the blog there profits went up. I'd like to see those numbers and to have what she deserves for her future education as well for now. Also for them to realize that them placing her where she looked to be homeless was reckless on there part and they should pay for that. The majority of the people in this building have mental and physical issues and for them to take advantage of this is itself crazy.

 

[zddoodah]

What I'd like to achieve is to get my family out of this building.

In the abstract, your ability to do this has nothing to do with the use of the child's likeness on the web site.

I think from the moment that she was placed on the blog there profits went up. I'd like to see those numbers and to have what she deserves for her future education as well for now.

No one is going to make any significant money off of this, and the notion that a speculative increase in the building's profits had any connection to the use of your child's likeness for the purpose of "ask[ing] for donations for the former homeless children" is more than a little far-fetched.

 

[mosesdais6]

It's really not about the money. I just want to get my child and wife out of this building. The big picture is this is just one of many things they've done and I think they have violated beyond reasoning and it's time to move on. this building is supportive housing and they've made it difficult for myself and family. I believe that they've violated the law this time/again and I'd like to use it to my families benefit. I'd like to use a lawyer for help and assistance in this matter.

 

[mosesdais6]

In the abstract, your ability to do this has nothing to do with the use of the child's likeness on the web site.



No one is going to make any significant money off of this, and the notion that a speculative increase in the building's profits had any connection to the use of your child's likeness for the purpose of "ask[ing] for donations for the former homeless children" is more than a little far-fetched.

As for money from my daughter likeness that is my stuff. The violated her when they shared that part of her life on a web site without any consent or thought of any ones feelings but there pockets.

 

[hrforme]

Are you sure that a waiver was not originally signed when your ex-wife/child moved into this "supportive housing"? Is the webpage about "supportive housing"? I doubt subsidized housing is making any extra money off of this picture. The whole point is to get affordable housing for the disabled, the homeless etc. Sounds like someone is providing an affordable place for them to live currently. And someone other than you is subsidizing it (taxpayers, donations, etc).

Exactly how do you think they are going to make money off of this website that won't be used to help others the same way your ex and child are being helped?

The only way to get them out of this housing is to come up with more income for them to get a better (more expensive) place to live.

 

[txls]

." I believe that they've violated the law this time/again and I'd like to use it to my families benefit."
Yep, you're not so much outraged as wanting to profit from their mistake. Go ahead and talk to a lawyer or two and see if anyone is willing to take on this endeavor with you.

 

[zddoodah]

I just want to get my child and wife out of this building. The big picture is this is just one of many things they've done and I think they have violated beyond reasoning and it's time to move on.

So...move.

I'd like to use a lawyer for help and assistance in this matter.

You need no permission from anyone here to do so.

 

[ElleMD]

Your situation is incredibly complicated or you aren't explaining it very well. Your wife and child live in some sort of specialized housing for formerly homeless families? Somehow, your child attended an art class and her picture was taken? Was the class sponsored by whomever runs/owns/manages the building? An outside group? Was anything signed by you or your wife when she signed up for the class, perhaps allowing photos taken during class to be used in promotional materials (not unusual for children's activities)? When your wife asked to have the photo removed from the webpage, she was asked to sign something, but you don't say what? Why wouldn't she sign whatever it is? I don't know how you figure into this at all. Are you not a resident of the building along with your wife and child? Does whomever you emailed even know you are the parent and or have the legal authority to act on the child's behalf? Has your wife specifically asked whomever has the authority to remove the photo to have the picture removed?

You really lost me on how you plan to use this to change living arrangements. Where your spouse and child reside has nothing to do with her picture on a website about an art class or raising money for the homeless. If you want them to live someplace else, move they and their belongings to wherever it is they want to live.