Expectation of privacy, photos in home used in commercial/ads? "Property release" photos of property (pets/names) used in ads?

Don't I have the "right to privacy" in a private home I shared with a roommate? Former roommate is using photos taken in the house and back yard of my pets (and using their names) for commercial ads? Shouldn't I be given a "property release" releasing my permission for images/photos of my property (pets and their names) used for commercial ads?

Tarzana, CA -

Attorney Answers (2)

Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Trademark Application Attorney - Bolingbrook, IL
Answered

Your roommate has the right to use any pictures s/he took; in addition, pets have no "privacy rights". However, I suggest you take the ads to a local attorney for review and advice on any possible causes of action. The State Bar of California can give you a referral: www.calbar.ca.gov/

If we do not have a signed fee agreement I am not your attorney and this is not legal advice.
Nicholas Basil Spirtos

Nicholas Basil Spirtos

Construction / Development Lawyer - Montclair, CA
Answered

If the pictures were taken in the shared areas of the home, then you probably do not have an expectation of privacy there. If you really, really care that your dogs are being used in ads, then ask your roommate to give you some of the money he earned from the ads, or buy you dinner, or a bag of dog food for your model dogs.

Related Topics

Real property ownership

Several different kinds of property ownership exist, including joint tenancy, tenancy in common and more. The right one for you depends on your circumstances.

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