Legal Question in Civil Litigation in Nevada

My photograph is being used to promote without my consent

I am a dancer at a transsexual lounge. The owner of the lounge used my photo in all of the newspaper and other print ads without first asking my permission. I didn't want to cause a problem when I found out what she'd done, so I verbally told her she should compensate me on several occasions. She never did, but continued to run the ad. I told her to take it out several times, but she didn't. After one year, I no longer work there. I demanded that she quit running the ad. She finally took it out. Can I recover damages from the fact that she 'outed' my true identity in the public, as well as the fact that she profited greatly from these ads? Thank you.


Asked on 3/03/02, 6:28 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: My photograph is being used to promote without my consent

NRS 597.810 Remedies for unauthorized commercial use; liability of owner or employee of medium used for advertising.

1. Any commercial use of the name, voice, signature, photograph or likeness of another by a person, firm or corporation without first having obtained written consent for the use is

subject to:

(a) Injunctive relief to prevent or restrain the unauthorized use; and

(b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:

(1) Actual damages, but not less than $750; and

(2) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without

the consent required by NRS 597.790.

2. No owner or employee of any medium used for advertising is liable pursuant to this section for any unauthorized commercial use of a person�s name, voice, signature, photograph

or likeness unless it is established that the owner or employee had actual knowledge of the unauthorized use.

(Added to NRS by 1989, 1609)�(Substituted in revision for NRS 598.988)

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Answered on 3/03/02, 7:25 pm


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