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What's the legality of this?


If a pseudo-professional photographer snaps pictures of you against your will (and without you posing), then posts them in a portfolio on Myspace, is this legal? If I ask that they be taken down, do I have any rights, or am I out of options since they were taken in public?

Would a professionally diagnosed case of Social Anxiety Disorder which causes me to be stressed about the photos be considered enough of a "loss" to take action?

If you were in a public place then he has the right to take your picture. As far as posting it goes, ask him to take them down. If he won't then if you can articulate a loss then you can sue him for damages and an injunction forcing him to take them down.

FOLLOWUP

Not unless the photographer knew about it at the time he took the photos. If he didn't know then he couldn't have taken it into consideration... thus no tort has been commited. What you should do is send him a certified letter telling him about your diagnosis and demanding that he remove the photos. Now he knows about it and if he doesn't do it then you can sue him for "intentional infliction of emotional distress." Good luck.

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