Can A Film Maker Use My Picture Without My Permission?

I saw a film in which film-makers used my picture without my permission showing negative comments on social media. What should I do here?

Answers (2)

Aditi Singh

Aditi Singh

  • Sector-1, Noida

A filmmaker can not use your picture without your permission as it is a violation of the right to privacy. You can file a complaint against him for violating your right to privacy and under section 66E of the Information Technology Act, 2000. You can consult an experienced general legal lawyer in India who will explain and suggest you in your matter.

Answered on 03 Jul 2019


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Team Legistify

Team Legistify

  • Sector-1, Noida

No, a filmmaker cannot use anybody’s picture without consent as it will be a violation of Right to Privacy under Article 21 of the Fundamental Right to life and personal liberty. There are reasonable restrictions on right to publication of photos especially those taken without consent. A person is allowed to take legal damages if he/she proves that use of his/her pictures without permission has caused some legal injury. The legal injury involves physical hurt and also includes damage to their dignity, goodwill or reputation. Photographs, illustrations and other images will generally be protected by copyright as artistic works. This means that a user will usually need the permission of the copyright owner(s) if they want to perform certain acts, such as copying the image or sharing it on the internet. When someone infringes copyright, there are various courses of action that could be taken by the individual or organisation that owns or administers the copyright. The user of the image may be asked to purchase a licence, and a commercial arrangement might be reached after which no further action is taken. However, a legal action might be taken by bringing a claim in court which could result in having to go to court for a hearing. Court cases can be expensive, as they often result in the user of the image paying the cost to use the photo, plus legal costs of themselves and the copyright owner and possibly other financial compensation for copyright infringement, which may amount to more than the cost of a licence to use the image. Further, the user of the infringing copy could also be asked to take down and permanently remove all copies of the image from websites as well, unless permission from the copyright owner is secured. Deliberate infringement of copyright on a commercial scale may also lead to criminal prosecution.

Answered on 22 Feb 2020


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