Use of image by a restaurant without permission

839 votes

Hi, firstly it is important for us to understand the source of the image and the points of the contract you signed for clicking that image, if any. However, if this image has been clicked personally then you have the right to legally notify them of their illegal and unauthorised use with a demand for the removal of your image and/or an amount for use of the image.

Advocate Roshni Lachhwani LawRato

760 votes

Dear Client,
Kindly note, Sec.17. states : “First owner of copyright.---Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:
Provided that-
(a) ... ... ... ...
(b) subject to the provisions of Clause (a), in the case of photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.”
Under the ‘direct commercial exploitation of identity’ test, when an unauthorized use of a person’s identity is made that is both direct in nature and commercial in motivation, the person whose identity has been misappropriated has by definition become a celebrity for right of publicity purposes.
You are liable to get royalty and It is only through litigation, this growing problem can be disciplined. Award of huge damages and multi-million dollar settlements, may stop infringement or violation by those who have in the past failed to respect the privacy of celebrities and employers.
Recommendation – Sent Legal Notice Claiming damages for unauthorised usage of photograph and if he denies paying, you can file case before Court of law for necessary relief.

Expert Jurist LLP

Advocate JV Bhosale LawRato

812 votes

of course, you can take an action against the hotel owner, on three grounds: violation of publicity rights, invasion of privacy, defamation, etc. You can send him a notice and ask for compensation as well.

Advocate Swaroopa Amit Desai LawRato