Legal Question in Business Law in California

Use of a persons likeness in a TV commercial

My company received verbal approval from a VP of a company to use his likeness in a TV commercial which represented his company. He has now left the company and would like the TV spot pulled off the air. We did not get his signature on a release form for use of his likeness. His company is not asking us to pull the TV spot -- the individual who left the company wants it pulled.

What are is rights? What are our rights? Do we have the right to continue to air the spot based on his verbal approval?


Asked on 3/03/00, 1:13 pm

2 Answers from Attorneys
Scott Shabel Law Offices of Scott Lee Shabel

Re: Use of a persons likeness in a TV commercial

Contracts may be verbal or written, but both are enforceable. Your problem is likely to be one of proof, that is, can you establish by convincing evidence the terms of your verbal agreement with the VP? It is his likeness, after all. To learn more, please visit our website @labusinesslawyer.com

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Answered on 3/16/00, 9:39 am
John Hayes The John Hayes Law Offices

Re: Use of a persons likeness in a TV commercial

Your question is a bit complicated to answer in short written form. However, if you would like to contact me by phone, I would be happy to discuss this matter with you by phone. I can be reached toll free at 877-546-9918. The consultation is free. I look forward to speaking with you.

Sincerely,

John Hayes, Esq.

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Answered on 3/16/00, 12:33 am


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