Legal Question in Employment Law in California
I teach a class where I am paid 500 dollars a person. It is for the installation of hair extensions. In one case we had a student from Texas that had some questions after her class. With us being in California the owner asked if she could tape me during a class at a later date so she could send it to her for any questions she needed answered. I agreed. I then find out that she is mass marketing a kit with that tape for 600 dollars worldwide. I never signed a release nor would I ever have given my consent for it. Do I have a legal right to moneys made for these kits? And if so how do I go about stopping the use or finding out how much I'm owed?
2 Answers from Attorneys
You have a claim on her, and could possibly get a cease and desist order if necessary. You could use a local CA attorney to start, by making demands, etc., and if that resolved it, great. But if litigation was required, and she is doing this in Texas, you probably will have to take action there, so would need a Texas attorney. If serious about pursuing this, feel free to contact me.
You likely have a right of publicity claim if they are using your identifiable image in commerce without your consent. Under the California right of publicity statute, you may seek actual or statutory damages. You should check the documentation/agreement in place between you and your employer, if any, to make sure that you have not consented to use of this material in some manner. You should hire a California attorney to pursue this since the claim is against the employer and they are located in California.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
