Legal Question in Civil Litigation in Florida

Commercial Use of my Picture.

Last year for spring break I went to panama city. When I was seraching sites a little while ago I came across an add for an official city website to promote spring break tourism. The banner at the top clearly has a picture of me and some friends standing around with a caption coming out of my mouth advertising a link for information about places to see. Since this site is using my image for commerical purposes and the promotion of thier site am I entitled to a share of their profits. I know you can't do this with celebrities but do I have the same legal rights as them? I was not informed I was being used on their site or asked to sign anything. Thanks.


Asked on 2/02/03, 3:27 am

3 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Commercial Use of my Picture.

Florida law prohibits the use of your likeness (picture) without your permission. There are some exceptions to the law and these have to be reviewed on a case by case basis. A recent example was a young lady who exposed her breasts and was caught on film in one of the spring break videos. She took the company to court and lost when the court held that by exposing herself she gave implicit permission to be photographed.

I suggest that you speak to an attorney in Florida to review the specifics of your case.

Scott R. Jay, Esq. 305-249-8000

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Answered on 2/02/03, 5:18 pm
David Slater David P. Slater, Esq.

Re: Commercial Use of my Picture.

Unless you can prove notice of the leaking pipe to management you cannot prove their negligence. I wouldn't be concerned with the sign for this type of damage. Good luck.

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Answered on 2/02/03, 5:54 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Commercial Use of my Picture.

Florida has statutory law that deals specifically with your situation. You may have a claim against the company using your image, but even if so, the damages element of your claim may not be significant. However, without first learning all the facts and then performing a detailed analysis of your case, it is difficult to determine whether you have a case worth pursuing. Contact a Florida lawyer experienced in these types of matters. Good luck.

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Answered on 2/03/03, 11:59 am


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