Legal Question in Intellectual Property in California
Playboy is about to release every magazine, cover to cover, from 1953 to 2010 on a digital disc. I was in a magazine pictorial in 1971 that turned out badly for me. I am pretty sure the standard model's release form I signed at the time had nothing in it about digital reproduction. Can I sue them?
3 Answers from Attorneys
The answer to your question turns on the specific language of the release or other agreement that you signed with them for the 1971 pictorial. You would need to retain a lawyer to review the actual language.
I would be happy to assist you, if you call during regular business hours, (202) 973-0188. www.thecontentlawyer.com.
I would need to take a look at the release you signed. Regardless, I think there still may be an argument to be made either way. As you said, digital could not have been contemplated in 1971, but the question is: is the language air tight? Yu may not be the only one who does not want to be on this disk, and if we send a proper letter, we may be able to keep your image off the disk if it is not too late. When is it due to be released?
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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As a Franchise Attorney I agree with the other attorney answers. Usually model release forms are written very broadly, so it may in fact cover digital, even if "digital" is not mentioned. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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