Can I sue somebody if they post my picture on the internet without my permission?

Question

My girlfriend and I go out to the clubs a couple of times a week.We dress very s**y where as everybody else is wearing blue jeans and a tee shirt, Ive been asked if I am rock star,lol.We dance VERY naughty and people often take our pictures.One guy claimed to be from MTV and vidio taped us,but we didnt sign any type of a release form for us to be on TV.And nobody else has our permission for us to be put on "U-Tube",or any other website.

But if this has happened,shouldnt we be compensated somehow? I mean,theres times I feel like c**p,or we are short on money,but we still dress up and go put on a h**l of a show-the regular customers expect this from us,and since we have been going to this certain club,their business has increase from our reputation of dirty dancing-standing room only and everybody is taking pictures of us.

Noooo-we are not professional dancers,and I dont mean to brag,but we DO have our fair share of fans reguardless of what club we go to.I also dont mean to sound greedy,but surely there is someway we could make a few bucks for our preformance and all of the pictures that are taken.

Anybody have any advice,please?

Answer 1

You're looking at this the wrong way. Yes, they took your picture and posted it without your consent - that's your big break. Use that exposure to get a paid performance. Send in the tape to casting calls for commercials or a local talent company. You could even contact the group that posted the tape and tell them you're interested in trying to build a career in entertainment.

Answer 2

If you on in public any one can take any photo or video of you and it is their property. Sorry. Maybe put on some clothes and have some respect for yourself?

Answer 3

I agree, anyone can take your picture.  I also think you should put some clothes on.

Answer 4

I'm not too familiar with law but this I'm pretty sure of:

You are preforming at a private establishment. If the club allows photos and video to be taken in their premises then you have little to no case. Since your privacy was not violated (you were dancing around people in a club that allows patrons to record) then no wrong-doing occurred.

If the person uses the footage or content for personal gain without first obtaining a release from you and your partner then you may have something.

Answer 5

When you are out in public there is no expectation of privacy.  And if the photographer is using it for editorial purposes(not commercial) then no you have no grounds.  However, it is published where he has monetary gain then you might some grounds.  That is why I always carry model release forms with me!  

Answer 6

This is the US you can sue anyone for anything. But in this case unless they are using the photo commercially I am afraid you will not win. They have the right to photograph almost anyone without their consent except when they are in an area where they would have a ‘reasonable expectation of privacy’ such as a dorm room, bathroom, or medical facility. Now the exception to this would be if the property owner ( e.g. the club would did not allow photography in there. )  

Answer 7

Yes! but you may have a heck of a time with the legal procedure, and could take months or longer. You were in public doing what you were doing, so its not hard for someone to come along and snap or video tape your routines, or whatever you were doing that night. You can pursue and see what comes of the situation, nothing ventured, nothing gained, right??

Answer 8

...if you are out in public domain, anyone can photograph you for any reason and do what they like with the photos. If they ARE fwith MTV or Girls gone WIld or something, there will be a legal representative with them to handle all the contract matters necessary.

Doing something like what you are doing because people expect it of you is building a reputation apon you that you may not want. People are getting thier jollies off of photograhing you ....and you have NO idea what they are doing with the photos or what they are telling people they show them to.

You need to consider all of this the next time you go out. Better still, seed the crowd with friends who know you...have them collect intelligence on what people are saying and doing by not aknowledging the fact that they know you. It will give you a better idea of what is happening to the photos and vids they take of you and your friend.

You may not be happy with what you discover.