Legal Question in Civil Rights Law in California
use of image w/o consent or...
Can a news broadcast use my image in a story with me even having any knowledge I was being video taped? I was not even aware that there was a news crew outside my hotel window, I discovered this inadvertently while watching a CNN story from San Fransisco and saw myself in the story, I have not evenbeen to SAn Fran, however I know when I wore the clothes and it was in a hotel recently far away from S.F. This has been very discourting to say the least. and rather frightening that a camera crew could be filming into my hotel room like I am some sort of criminal can you advise what rights I have in this matter. I tryed to contact CNN w/o any luck finding a contact number. I am rather upset that this happened and would appreciate any advice you may have in this matter. Thank you
1 Answer from Attorneys
Re: use of image w/o consent or...
Well, it would be a much better case if you weren't wearing clothes. The issue is what are your damages (possibly not very much). I suppose if you had the exact date and time the segment aired, you could have a lawyer write to CNN and ask that the footage not be aired again. Or if you were to file a lawsuit, maybe you could obtain discovery of the raw uncut footage which would determine how long they taped you in your hotel room. Obviously, if the camera operator dwelled on your room for a period of time, or was engaging in improper voyeurism, that would be a better case than a few seconds of you standing, clothed, in your room.