Photo of Home Used Without Consent

[Det3033]

My question involves a consumer law issue in the State of: Florida
A contractor stained and etched our driveway 4 years ago. Since then, we have had several issues with the quality of the work. We are currently negotiating with him to again resolve the problems. We recently discovered a photo of our property on his new website. Can he post this photo on his webpage without our consent?

[aardvarc]

If the property in question visible from the public roadway?

[Det3033]

Yes, it shows the driveway but also my house number and both of my vehicles in the garage.

[DavidForthoffer]

Can he post this photo on his webpage without our consent?

Yes, regardless of whether it is visible from the public roadway.

If it could be determined that the photo was taken from on your property and you had "No Trespassing" signs posted and you could show it was taken after he finished the work and no longer had the right to enter your property, you could sue for the tort of trespass, but he would still be able to use the photo, unless it was an egregious invasion of privacy (not likely, for a driveway).

You are also welcome to take a photo of your driveway and post it on some site with truthful comments about the quality of his work. (Don't copy his photo, as you would be violating his copyright.)

[free9man]

If the house number is easily identifiable and your vehicle's plates are legible, you can request that they blur those items or pull the photo. If you handling of your issues has been in a friendly, non-adversarial manner they may be willing to do one or the other. Since it was taken from the street and they did not photograph inside your home, asking is about all you can do.

[Det3033]

Thanks for the info. I thought since it was in plain view, that might present a little problem. I will try to deal with this in the friendly manner suggested. Thanks again,