Legal Question in Intellectual Property in California

I don't think "copyright violation" is the correct term or the correct kind of lawsuit. A copyright violation occurs when you, the plaintiff, hold a copyright, and someone else misappropriates the copyrighted material.

From the brief facts given, it seems to me more likely that your lawsuit should be for some kind of invasion-of-privacy tort. You certainly have a right to restrict other people's commercial use of your image (here, a photograph or video).

Whether it would be worthwhile is another question. You might very well win, but if you can't plead and prove monetary damages, about all you're likely to get in terms of a judgment is an order requiring the guy to remove your image from his video.

If you had some other harm from the posting, e.g., there is something defamatory about it and you have unfairly lost reputation due to a false portrayal of yourself, you could add a claim for libel -- but without more, a bare claim for invasion of privacy may not be worth the time and expense. Check with a lawyer handling torts cases if in doubt about your best course.

It depends. If your image or the image of other people are photographs that belong to you and he used it without your permission, then yes you can likely bring a copyright infringement case against him. However, before you can bring the lawsuit, you are required to file your copyright registration with the U.S. Copyright Office.

But, being able to bring the lawsuit does not necessarily mean you will be successful in the case. You mentioned that he used the photograph for "his science video." Depending the subject matter of the video and how and why it was used, the defendant will likely bring fair use as a defense in your case. In order to determine the strength of this defense, you will need to consult with an attorney to review the circumstance of your situation.

Aside from a copyright infringement case, you could likely bring a case again him for the violation of your right of publicity. Right of publicity prevent others from using your name and likeness for a commercial purpose. Here if the science video is for a commercial purpose, you could bring a lawsuit against him for using your image without your permission.

Feel free to contact me or another attorney in your area to review your case.

Goodluck,

Jim