My minor daughter was used on promotional material for a short film without my consent. It is just the back of her but I did not sign any release forms for this photo. This short film has now been entered into a film festival. Do I have a case and can I sue?
Answered on: 1/28/12, 6:10 am by Nancy Delain
The answer to your question depends on several pieces of information that your post does not provide. These are just a few of them:
1. You say that just her back shows in the film. Is your daughter's image recognizable in the film as being that of your daughter?
2. Is your daughter famous (Lindsay Lohan is "famous"; Princess Di was "famous"; most people are not "famous")?
3. Is the film in any way deleterious to your daughter's reputation for having appeared in it?
4. Is your daughter in the film for more than a few seconds?
These are a few of many "knock-out" questions that touch on a couple of possible causes of action. If you can answer "yes" to any of them, you need to bite the bullet and have an evaluation of your daughter's case done by a live lawyer (not by the freebie message boards; set up an appointment and talk to a human being) of the potential for YOUR DAUGHTER (not you; you're not the injured party) to recover any damages (you would sue in her name, but any recovery would go into a trust fund that the court oversees for her health, education, maintenance and welfare until she's 18, at which point any money in that fund goes to her, not to you). Don't wait too long; there is a statute of limitations in play here. Call my office at 518-371-4599 to set up a phone interview to evaluate your daughter's case.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
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