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Freelancer makeup artist using my photograph without my consent


21-Sep-2023 (In Civil Law)
For my brother's wedding in Jan'2020, I chose a Delhi based mua 'makeup_by_damini_kaushik' for 2 functions. She clicked few of my pics without my knowledge when my eyes were closed(she asked me to close eyes to do the eye makeup) and have put them up on her Instagram page. In feb when I got free from all the wedding chaos and pending work at my office and saw that post, I didn't like that at all. I firmly requested to remove that pic of mine from her page ON 26th FEB 2020, she did remove that pic after some discussion. Later few days, she blocked me. I asked a friend of mine whether she can see my pictures on her page and it was up there again. Damini archived the post earlier & put that back again. I confronted her AGAIN ON 6TH MAY 2020, and again after some discussions she removed it again. But now again she has put that pic up. I gave her a warning that she might face legal questions this time to which she said 'KEEP LEGAL ENFORCEMENT IN YOUR POCKET'. Need assistance on this.
Answers (2)

Answer #1
809 votes
hello ma'am .. yes you can do easily file case against her as you warn her to delete your photos but she blocked you instead of deleting photos and she continued uploading your pics as i understand from your query so mam you can easily file case against him/her according to breach of contract and breach of ACL
IF YOU HAVE ANY OTHER QUERY KINDLY TEXT ME
(AYUSH GUPTA ADVOCATE)

Answer #2
941 votes
no one can use your identity or photo or name for their commercial purpose without your permission. moreover once you have asked her to remove the photograph from her account then it becomes unauthorised use of your photo and for that you can approach police or court to injunction her from using it .

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