Legal Question in Entertainment Law in California
Advertising Question
Get this... My girlfriend came across several published ads of myself. I never offered any consent allowing the image to be used for any purpose. As a matter of fact, I didn't even know about image! Although the images is a silhouette, it is clearly identifiable as me. The image is now being used in a major marketing push. Is this legal?
2 Answers from Attorneys
Re: Advertising Question
If this image was generated by you and used without your consent you have a cause of action. There may also be other circumstances which also will allow an action to stand. Call me directly at 16192223504.
Re: Advertising Question
this could all depend on the circumstances. in a nutshell, no one has a right to use your image or likeness for commerical gain, or else it can be deemed as actionable invasion of privacy. however, if your image is being generically used "in a crowd" picture per se, this may or may not be actionable. you should consult with an attorney asap and provide a copy of the ad, along with any other information regarding how and when the picture was taken, etc...you could definitely end up being a "rich" man if you have an actionable claim in a national marketing promotion. if you would like further assistance, contact us directly.
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