Tom Alexander Kulik's Answers

Old babysitter posted a picture of my child on her website without my permission, can I do anything about it?

Although greater detail would be helpful, the use of a photograph of your child without the permission of the parent or legal guardian in this context may be a violation of state law regarding her right to publicity. Such "torts" (i.e. wrongful acts that injure another person) are part of the common law fabric of most states, many of which have passed statutes codifying common law rights of publicity and privacy. As a result, the right of privacy and publicity laws and attendant...

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Can I take legal action against someone that posts pics of my adopted child, against my wishes, on internet sites?

I would agree with Barry, as there are undoubtedly more facts here that need to be parsed. From a civil privacy law point of view, most states have laws in place that create causes of action at common law (casually referred to as state privacy torts) under which you can claim damages. These are generally placed into 4 categories: Misappropriation of one's name/likeness; Intrusion upon one's seclusion, or into one's private affairs; Publicity which present someone in a "false...

How do I distinguish published from unpublished photos for the purpose of copyright registration with the US Copyright Office?

The issue of "publication" under copyright law is an interesting one. Although no longer necessary to obtain copyright protection, "publication" remains an important concept in copyright law. Generally speaking, "publication" under U.S. law occurs when copies of the work are made available to the public; however, this generalization is a bit broad. Under the Copyright Act of 1976, "publication" is defined as "the distribution of copies or phonorecords of a work to the public by sale or...