Legal Question in Entertainment Law in California

i was in a movie can company sell my image for a violent video game I do not endorce? And can they use my image if I do not approve


Asked on 1/10/12, 2:19 pm

1 Answer from Attorneys

Jim Betinol Withrow and Betinol Law

It depends. In California, one is prohibited from using another's name and likeness for a commercial purpose without consent. Under this rule the company who you initially granted to film you should have acquired certain permissions from you during the shooting of the film. In order for the company to repurpose that footage of you, they can only do so with your permission. For this reason, you will have to review your initially agreement with them to see whether the permission you gave them was limited to the initial project or whether the permission was broad in such that they can repurpose the footage for other projects.

Additionally, the requirement on whether they need your approval as to the subject matter in which your footage will be associated with, will also depend on the terms of your initially agreement with them.

I would recommend you have an attorney review your agreement to see what options you have. Should you have any questions, feel free to contact me.

Goodluck,

Jim

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 1/10/12, 5:06 pm


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