Legal Question in Entertainment Law in California
Unauthorized use of personal image on TV and comercial items
My son's picture is in a sports calendar sold for $12 ea, published by one of the largest calendar makers in the country. His name and picture are in one of the pages (full size, in color, aprox. size 12'' by 12''; he is the only person on that page). He has appeared in several occasions in Real TV, all without his consent, and done when he was still a minor. He has not signed any releases and other people are making lots of money by using his image.
Please advise about his legal rights, and legal actions available.
Thanks
3 Answers from Attorneys
Re: Unauthorized use of personal image on TV and comercial items
If the facts are as you say they are, you certainly have a claim. Please phone me at 949-278-5220. Regards,
Ben
Re: Unauthorized use of personal image on TV and comercial items
You should hire an attorney...send out Cease and Desist letter and ask for compensation. Please take a look at my site at www.lawyers.com/amyghosh. Call me if you need help!!
Re: Unauthorized use of personal image on TV and comercial items
If no consent has been given, or limited or improper consent, it's very likely you have a claim--our office pursued something similar with a high six-figure settlement. It's difficult to say more without knowing the particular facts of your case, but you should certainly consult with one or more attorneys experienced in the privacy/publicity rights field.