Legal Question in Entertainment Law in California

Picture used in advertisement without permission.

I am an athelete. A photograph of me, from a game, has been running for almost a year now as an ad for a company that sells our sporting goods. I never signed a release, and was never even informed that it existed. There are several other girls in the photo, but it is their back, or they are out of focus. I am the main focal point of the ad, I am circled, and I am easily identifiable. Am I entitled to some sort of money for this?? And if so, how do I determine how much to ask for?


Asked on 11/18/07, 8:15 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Picture used in advertisement without permission.

I agree with Mr. Stone's answer.

The rights involved here are usually called the "Right of Publicity". Essentially, the claim involves a misappropriation of a person's name, likeness, voice, etc., for a commercial purpose.

Here, that's clearly what's involved.

Before you get too far into this, though, make sure you didn't sign something when entering the game or event in question. If so, you'll need to bring a copy with you to meet with your lawyer.

How much to ask for is a question of relative economics. Much depends on whether you yourself are a 'celebrity', in which case you'd be looking for a much greater sum, since the photograph also amounts to a celebrity endorsement. Otherwise, the measure of damages could be relatively low.

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Answered on 11/19/07, 5:49 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Picture used in advertisement without permission.

There was a recent ruling in a case similar to yours. A model was photographed and, years later, found his image on the label of Tasters' Choice instant coffee. A jury awarded him several million dollars, but the court of appeal sent the case back for a new trial. You could probably google for Tasters Choice Jury Award for more info. The appellate court opinion in that case could serve as a blueprint for what you would have to prove in your lawsuit, and for the measure of your damages.

I would save all the ads you can find, and see an attorney right away to 1) demand money and 2) sue.

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Answered on 11/18/07, 8:32 pm


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