{"product_id":"vragen-24128-vorig-jaar-is-door-een-bevriend-fotograaf-een-foto-van-mij-gemaakt-hier-ben-ik-voor-vrienden-en-bek","title":"Legal rights in photo publication | Legal aid centre","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Last year a photographer friend took a photo of me, in which I am clearly recognizable to friends and acquaintances.\n Now I knew that photo was there, but not that he would use this photo for a monthly magazine, so I did not give written permission for this. In the meantime, contact has deteriorated.\n I would like to know what my rights are, is he allowed to use my photo without my knowledge?\n For him it was a paid assignment.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nWas it a paid assignment from you to take the photo? The question of whether the maker was allowed to publish the photo without your permission is namely whether you gave the assignment for the photo.\n\n If so, permission is required for publication. If not, you can only object to the publication to the extent that you have a reasonable interest in it. The latter may be the case if, for example, your privacy has been unacceptably violated by the publication or if you do not want to be associated with the subject of the article in which the photo has been placed.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n No, I did not pay for this photo, he was taking photos for the magazine, but this photo was not intended for that, it was private. So I did not know that this photo was delivered with the other photos together with that magazine. I only got to see it when the magazine was already in the store.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Whether you paid is not important. What matters is whether you privately commissioned the photo to be taken.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nNo, I was just in a car, which he uses for his business, he was taking pictures in the immediate vicinity. He showed me the photo on his camera afterwards, and I asked if he was going to do anything with it, that wasn't the case, it was a private photo for him.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n In this case, no permission is required for publication. However, you can oppose publication, provided you have a reasonable interest. So now the main question is what your interest is to prohibit publication of the photo.\n\n I am a lawyer and specialized in intellectual property law, which also includes portrait rights. If desired, I can assist you in this matter and, if possible, ensure that the publication is prohibited. Depending on your income, you may be eligible for subsidized legal aid, the so-called addition. I also handle cases on the basis of an addition. The costs of my work are then reimbursed by the State. You only pay a small personal contribution.\n\n  \u003ch4\u003eQuestioner\u003c\/h4\u003e\n\n The magazine was already in stores and at people's homes when I found out that he had given a photo for his company. My biggest problem with this is, 1- I did not know about the placement, 2- I am very concerned about privacy and choose who I show photos of me, 3 and besides other things, so now he has also earned money from me behind my back.\n\n And to make a case of it, I have to be sure that it is feasible, I have benefits, so financially there is almost no room for manoeuvre. In any case, thanks\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The privacy aspect is essential. In which magazine was the photo placed? Was it placed with an article or in an advertisement? These are all questions that play a role in assessing whether your case has a chance of success. I can investigate this further. Given your income, you may be eligible for legal aid. I refer you to the website of the Legal Aid Board:\n\n http:\/\/www.rvr.org\/nl\/subhome_rz\/rechtsbijstandprovider,Inkomensgrens.html\n \nIf you instruct me, I can apply for the addition for you.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55015304233309,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-24128-vorig-jaar-is-door-een-bevriend-fotograaf-een-foto-van-mij-gemaakt-hier-ben-ik-voor-vrienden-en-bek","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}