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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A make up artist has published images of me on a social media

Resolved Question:

A make up artist has published images of me on a social media network, without any verbal or written consent from me. After telling them to take it down, they have gone and put one up in a smaller form. Is there any legal action I can take
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

How were the photographs obtained please?

Customer:

She was a make up artist who came to my house and just took the picture without asking. But she told me she often has takes these to compare the before and after shot, so I didn't mind. She had never published any before and after pictures on her social network site beforehand so it didn't occur to me she would. The picture she initially posted was a before and after, and after I emailed her to take it down, she deleted that and posted another. I contacted her again and told her to delete it, and now she has made them into a collage.

Alex Watts :

Did you not see her take the picture?

Alex Watts :

Did you not ask her what she was going to do with it?

Alex Watts :

Did she confirm in writing she would delete it?

Customer:

I did see her take the picture but she never mentioned she will put these up on her social networking page. And I never thought she would as she hadn't put any make-up free pictures of any clients before. In the emails I had sent her, she argued that it's her work so she can, but after telling her kt was causing me personal distress she emailed saying she understands and took them off.

Alex Watts : So she had permission but never discussed the use, have I understood?
Customer:

That is correct.

Alex Watts : Ok. Then you should write and ask that it is removed within 14 days or say you will go to court.
Alex Watts : If they refuse then you can issue proceedings. You need to use form n1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : and N16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court can then consider your claim and decide whether to make her remove it.
Alex Watts : If you win then any court costs are added.
Alex Watts : But generally permission is needed for a photo to be published.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you very much for all your help. This information has helped me enough. I have emailed her and told her to remove it and she says she has consulted a lawyer who says there is no problem with it but she did add she will never be using any more pictures. Thank you so much for all your help.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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