My photograph was used in a magazine without my permission, am I entitled to anything?

Question

In Fall of 2006 a photograph of me was used on the cover of True Story Magazine. I wasn't asked for permission to use my photo and wouldn't have even known about it if my mom and sister didn't happen to see the magazine in a store. I was wondering if I am entitled to any profit from the magazine, or if I should contact them about using my photo without permission?

Also, does anyone know how I can get in touch with them?

Thanks for your time.

Answer 1

If the photograph was taken in a public place, like a city street, then NO, as you have no right or expectation of privacy in a public common access area such as a city street. Otherwise, they need a model's release. Ever noticed that on reality TV shows like COPS, that faces are sometimes blurred? That is because they did NOT get a release to use their picture or likeness in what is likely a private setting.  If your picture, taken on a city street or other public venue, was used as part of a news article or story, no release is required and you are not entitled to anything. Your presence was merely incidental and not the subject of scrutiny. Every magazine and newspaper has a copyright page or section where they list the ownership and contact information of the publication. In a magazine, it is usually found at the bottom of the table of contents or on the back side of the page with the table of contents. There will also be a photo credit for the cover photo and maybe contact information for the photographer.

Answer 2

Do you have proof it's your photography..?