Legal Question in Business Law in California

Can someone use me or my name to make money?

I play online poker and it was recently brought to my attention that the person I was playing recorded our poker session. They recorded the session and placed it on their website to use as training. In order to access this recorded session a person has to either purchase a subscription to their website or buy the training tutorial. Now since they did not as my permission to record our session and they did not change my name, can they do this? I know they have made a significant profit from this and would like to know if I can seek recourse?


Asked on 4/14/06, 3:38 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Can someone use me or my name to make money?

IF the site were USA based, and IF you can prove they are using your likeness for commercial purpose, you might be able to successfully sue to force them to stop or pay. If willing to hire counsel to work those issues, feel free to contact me.

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Answered on 4/16/06, 4:27 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can someone use me or my name to make money?

Problem is, most online poker sites are in faraway countries where you will never be able to sue them. You could try asking them nicely to remove or change your name.

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Answered on 4/14/06, 4:22 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can someone use me or my name to make money?

There are probably two legal issues here.

First, it is a tort (civil wrong) for anyone to use another person's likeness for advertising or similar commercial, for-profit purposes without permission.

Second, making recordings of conversations, and probaby also video recordings or retransmissions, is prohibited under the Penal Code's privacy, anti-wiretapping and anti-eavesdropping laws. See, for example, Penal Code sections 631 and 632. There may be other applicable sections. The Penal Code makes this a misdemeanor, and provides for fines and jail time. Note that the person whose privacy is invaded must have a 'reasonable expectation of privacy,' which means that things like security cameras are OK because they can be seen and that takes away the person's privacy expectations.

If the poker playing is illegal - and I don't know - that might be a defense to a civil action.

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Answered on 4/14/06, 4:29 pm


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