Legal Question in Intellectual Property in California

I am a pianist who performed with an orchestra a few years ago as a soloist. I never signed a contract, and just discovered that the orchestra is using video footage of me for promotional purposes. My name isn't mentioned, and the usage is unauthorized. I've asked them to remove the footage and they have refused. Do I have a case?


Asked on 6/02/12, 7:46 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, I'd say so. Did you have any kind of agreement, even an oral understanding? Were you compensated for your performance? Is the orchestra professional or amateur? Do you consider yourself a professional musician? All of these could have some bearing on the strength of your case, but nevertheless you have a chance of winning, that I'd say ranges from decent to excellent depending upon the answers. Are you primarily interested in money damages or suppressing their use of the footage?

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Answered on 6/02/12, 8:47 pm


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