I found a photograph of myself taken by a photographer 10 years ago used in a recent magazine advertisement. The image was from a photo shoot when I was doing a modeling portfolio for a modeling school, which is also an agency. I paid the photographer and it was for my portfolio, but it was done through the school. Do I have any legal rights?
Run back and locate your contract with the modeling school to determine whether or not that contract granted them or the photographer permission to put the photos of you to commercial use.
Had this been a friend, for example, simply taking your photo in your house or on vacation, then such a commercial use of your private image would be a violation of your privacy right for which you would have a right to be compensated.
If the photographer and the school took the photos just for the purpose of helping you put together a portfolio and nothing further, then you would have a claim for their later commercial use of your photograph. In order to protect themselves, they would have had to obtain your grant of rights for commercial use. But 10 years sounds like a long time without contacting you first.
That is why it is important for you to find that old agreement with the modeling school/agency to see what rights you may have granted them and how long in time those rights continued.
My husband and I filed a Chapter 7 bankruptcy two years ago and gave up our home or surrendered it through the process. Now that two years have gone by, can we purchase a new home?
There are some lenders out there who will give you a home loan despite a bankruptcy filing, largely because this is a secured loan and if you miss payments, they can foreclose at any time. Be aware that you will pay a higher interest rate for the loan with the bankruptcy on your credit report. A Chapter 7 filing can stay on your credit report for up to 10 years.
The best way to answer your question is to go to a mortgage company and apply for a preapproval. Then you will know for sure whether you qualify for the home. You will also know what price range to stay within when home shopping. Stay toward the lower end of the range and do not let a real estate agent push you to buy more of home than you need at this critical stage when you need to keep payments low and to rebuild credit.
Right now is not the best time to get a loan based on what is happening in the economy. However, this should not deter you from looking for a mortgage company and giving it a try. If it doesn't work out, simply wait until the lending environment changes and until the bankruptcy is a little bit more in the rearview mirror
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Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.
