Legal Question in Entertainment Law in California
Image of car used in advertising, is a release required?
Recently my car was featured in an advertisment for a parts shop in a national magazine. The front end of the car was used and my license plate was digitally modified to spell the name of the shop. I have never bought parts from this shop and am upset that the image of my car is now associated with them. The picture was taken by an employee of the shop in question. Permission for the use of the picture in their ad was never requested or granted.
At the very least i want them to discontinue use of the image in their ads (which has appeard for 3 months now). How do I go about getting them to stop using the image AND am I entitled to any damages (false advertising comes to mind).
3 Answers from Attorneys
Re: Image of car used in advertising, is a release required?
Unless your car is a limited privately made model, you have no propriety right to the cars image. The manufacturer may, but you, the user, I presume, have no rights.
Re: Image of car used in advertising, is a release required?
Write them a Cease and Desist Letter.
Re: Image of car used in advertising, is a release required?
If the facts are as you describe, you may indeed have a claim and damages. Certainly it is reasonable that you should be paid and I would suggest you consult with an attorney who does litigation.
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