I have a Grandmother who has been dead two years now and is a local celebrity. There is a person who is taking photo's of my Grandmothers photos besides a product and then uploading it to Facebook to promote their business. Her photos are also being used in photoshopped promotional art/banners. This person owns the rights to the photos. Yet they are using the photo's to promote business and product. Can I sue this person for using my Grandmothers image to promote their business?
There are really two issues. One is where you live. Certain jurisdictions, such as California, have a right of publicity law which specifically covers these situations. So, it depends if there is a similar law where you live. http://rightofpublicity.com/statutes/california http://en.wikipedia.org/wiki/California_Celebrities_Rights_Act The second issue is that even if there is a law, you might not be the person who has the right to enforce it. For example, if there is an executor of your grandmother's estate, or another family member in control of her assets they might have the standing to sue. Again, it would depend on your particular family situation and the law where you live.
Its in the state of illinois Yes there is an executor who is handling the estate that is not blood related, but settled with my Father who was not named or excluded from the will.
Illinois Compiled Statutes http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2241&ChapterID=62 That Act would seem to cover this situation: And you or your father might have a right to bring an action, or the Executor should bring an action to benefit the estate. Although there is always the question of whether or not the potential benefit is worth the expense of bringing an action. Assuming your grandmother did not transfer her rights to publicity before she died: If you are interested in pursuing this, I would recommend contacting an Illinois attorney.
Owning the right to the photo does not give someone the right to use it in promotion of goods or a business. Those are two distinct rights. In order to use the photo to promote a business, you would need both the rights to the photo and the right of publicity that person has, basically the right to the endorsement the use of the photo implies. One can take a photo of a celebrity, and can sell that photo in and of itself, but they may not use that photo in connection with the sale of goods or services without getting those rights as well.