Legal Question in Intellectual Property in Nevada

I have a somewhat complicated question. About 3 years ago, I showed up at a casino/nightclub to audition for a job as a go-go dancer. That night of my audition, they were apparantly shooting some sort of "music video", which I later found out to be, basically, a promotional video advertising the two clubs w/in the casino (both of which I would be working in if I got the job.) That night, I was asked to dance in certain spots, and was "set up" along side other dancers and was filmed. There was even a point when they were filming "solo" dancers, and I was asked to come up and dance in front of the cameras as one of the solo dancers. I did so. Within an hour, after the fiIming stopped, I was told that I got the job, and was asked to stay and work for the remainder of that night...although I never filled out any paperwork (to be officially hired, like giving my ss#, claim dependents, etc.) I even came in a few nights later to sub. for one of the girls who was sick. Unfortunately, that would be my last night ever working, as from my understanding there was going to be a "change in management" and they were not going to have dancers at that time. I was told by the current manager (who hired me) on several occasions, that I would be paid for the 2 nights i worked...but I never saw a penny. TRYING to make a long story short...about 8 months ago, I was hanging out in that same casino, I look up at some of the TV screens, and there I am on the screen, dancing, looking at myself in the familiar footage that was filmed over 2 years ago. Now the footage of myself is brief, and even somewhat fuzzy...but "most" of it is certainly recognizable. (The "solo" footage is very difficult to identify, as its very dark) My question is: Is this legal? I never signed any sort of release, gave any sort of verbal or written concent for them to use me in an advertisment, which had apparently been looping on many of their televisions for several "years". Am I entitled to compensation? If so, any referrals would be greatly appreciated.

Thank you, and sorry for the very long explaination!

Heather


Asked on 6/07/10, 7:25 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

An attorney will tell you, normally a release is required before a business can use your images, photos, etc. in its advertising. If you did not sign a release or consent to what they did, you may have grounds for seeking compensation and other remedies. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/08/10, 6:06 am


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