Could my image be used for someone else's profit? 2 Answers as of September 02, 2015

I perform Japanese dance locally two times a year as a volunteer service at a festival. There are always photographs being taken, but it seems that one photographer has taken my image, painted me, and intends to sell his work. Is it not illegal to steal my image without my permission and then profit off of it? Thank you for your help.

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Banner & Witcoff, Ltd. | Ernie Linek
Contact a lawyer in your state to see if there is any local law that protects you from the unauthorized commercial exploitation of your likeness. Such laws vary from state to state - and some have no laws regarding this. Federal copyright law does not protect your public performance of the Japanese dance - as it is not "fixed in tangible form." Thus, federal law does not protect you based on your live performance.
Answer Applies to: Massachusetts
Replied: 9/2/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Generally pictures taken in a public place can be freely distributed. Look at all the pictures of celebrities taken in public and then sold to tabloids. The photographer should get you to sign a model release signed. You might want to review your ticket, pass or entrance document to see if there is notification about the taking or use of pictures. If the picture is taken in a private area then you do have rights.
Answer Applies to: California
Replied: 9/1/2015
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