Legal Question in Entertainment Law in California
Picture of my son on a toy without permission
I found a toy at Rite Aid called Hydro Board made by the company Kids Stuff. The packaging has a picture of a kid on top of the Hydro Board surfing in a pool. That kid is my son when he was around 10yrs old. It was taken 5 years ago at an amusement park where there was a huge plastic wave with a surfboard. The guy working that area called us over and had my son stand on the surf board. He then told my son to pretended he's surfing and the guy took the picture. We ended up not buying the picture because it was too expensive. I don't know how the company got hold of the picture but is this legal?
4 Answers from Attorneys
Re: Picture of my son on a toy without permission
The use of a photo for commercial gain by someone without permission to do so could lead to a substantial upside for the effected person.
In general a person owns a photograph they've taken but can not use it in commerce without the correct releases if it contains items easily idenfiable such as buildings, people, etc. It is possible that your son has a case that should be addressed soon and you should contact an attorney that handles such issues.
I handle Intellectual Property issues and can assist you in addressing this. Please contact my office for a consultation.
Hang on to the package, if you dont have one go get one.
Good Luck, I look forward to hearing from you.
Re: Picture of my son on a toy without permission
You may sue the manufacturer for unauthorized commercial use of your son's image. Contact me directly.
Re: Picture of my son on a toy without permission
As others have pointed out, the companies associated with this product may be significantly liable. If you are interested in hiring an attorney to pursue this, feel free to give us a call to learn more about our innovative fee arrangements.
Regards,
Bryan
877.201.8728
Re: Picture of my son on a toy without permission
This could be a big lawsuit. There was a recent lawsuit by someone whose photo was used on the jar of Tasters Choice coffee without permission, and a jury awarded him millions (google for it)(the facts are slightly different and there were many appeals). Save the packaging -- I'm sure you will hear from many LawGuru attorneys, I wish you well in your search for the right attorney with whom you feel comfortable; and I would love to hear from you. Watch out for legal time limits and good luck!
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