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Aleksasha

published photos

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The friend of my recently found her private photos published in the Santa Fe’s medical magazine. The issue is 4years old. What law specialist should she find to defend her rights? What is a statue of limitation on such publication? Is there a legal right to sue that magazine?

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Whether she HAD a viable claim depends on a number of factors. You've referred to them as "private photos," but that doesn't really tell us anything, and they obviously weren't all that private if they ended up in a magazine. Are these photos OF your friend or photos TAKEN BY your friend? If the latter, then she would have had a claim for copyright infringement. However, the applicable statute of limitations would limit her to recovering any damages for infringement occurring in the last three years only. If this is a regular magazine, it's unlikely that there were any sales and, hence, no damages.

If these are pictures OF your friend, then we'd have to know the purpose for which the photos were used to know whether she had a viable claim. I don't know what the NM statute of limitations would be, but I think it's likely that it's less than four years.

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I know that it was a medical magazine with the article about the

childbirth in the water. The photos of my friend giving birth

accompanied that article. Who took the pictures is unknown but she

definitely didn’t take them. She just recently discovered that 4-year

old issue. She was unaware of its publication. She lives abroad and

asked me to help her to find the answers to: a) legality of such photos

publication, B) under what law it falls (criminal, civil, human rights,

copyrights, violation of privacy, C) statue of limitation on such

publication, d) what lawyer will be dealing with such issue. Thank you.

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"a) legality of such photos publication"

Unless she consented (query whether she carefully read all the papers she must have signed with the doctor and the facility where this happened), she certainly would have had a claim based on a violation of her right to privacy.

"b) under what law it falls (criminal, civil, human rights, copyrights, violation of privacy"

Violation of privacy rights is a civil matter.

"C) statu[t]e of limitation on such publication"

That's the big issue here. I don't know for sure what NM's statute of limitations is. In my state, it would be three years from the date of publication, and it would be surprising to me if any state had a SOL for this that was more than four years.

"d) what lawyer will be dealing with such issue."

Ideally, you'd want someone who regularly handles privacy claims. However, NM is not exactly a hotbed of litigation on this front, so it might be difficult to track down someone local with much experience. Certainly, any lawyer who handles general civil matters could handle it.

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