Legal Question in Civil Rights Law in Tennessee

unauthorized use of the image of a minor

A video which featured my daughter was used to promote a dance school where she is no longer registered. The school does not have consent, and moreover, they have been expressly forbidden to use her image. What are my options? I am interested in pushing this as far as the law allows.

Asked on 9/13/07, 10:58 pm

1 Answer from Attorneys

Holland McKinnie T. Holland McKinnie, PC
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Re: unauthorized use of the image of a minor

You would need be certain that there was not some contractual assignment of the right to use pictures, etc, in any registration or other contractual form with the school. There is a statute in Tennessee that addresses a person's property right in their name or likeness:

T.C.A. 47-25-1103. Property right in use of name, photograph or likeness

(a) Every individual has a property right in the use of that person's name, photograph, or likeness in any medium in any manner.

(b) The individual rights provided for in subsection (a) constitute property rights and are freely assignable and licensable, and do not expire upon the death of the individual so protected, whether or not such rights were commercially exploited by the individual during the individual's lifetime, but shall be descendible to the executors, assigns, heirs, or devisees of the individual so protected by this part.

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Answered on 9/19/07, 9:41 pm

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