Legal Question in Entertainment Law in New York

Re: I didn't want to be shown in the media

New York has a law, Civil Rights Law Sections 50 & 51, that states that another person cannot use your name, picture or likeness in trade or advertising without a written agreement signed by you. The posting of the video on the web constitutes a use of your picture or likeness in trade, since the posting company is, at the very least, getting publicity from the use. This is why filming companies always get a signed release from all people who participate in a film.

Because of New York's laws, standard contract law does not apply. The lack of a signed agreement constitutes a violation of Sections 50 & 51. Copyright law also does not apply, because you are not the "author" or creator of the work.

You do, however, have the absolute right to control the use of your name, picture or likeness in trade or advertising. You should contact an attorney who is well versed in this area of New York law, and have that attorney send out a cease and decist letter. If that does not work, you are well within your rights to sue.

I add, however, that, while you will most probably win the suit and get the video pulled, you will still have to prove damages, which will be difficult. So you should consider the cost of suing versus the effect of leaving the posting up.

Re: I didn't want to be shown in the media

Chances are that you should be able to demand that your image be removed, especially if it is being used in any commercial manner. You should retain an attorney to draft an appropiate letter.

Regards,

Ozzie Torres, Esq.

[email protected]

Re: I didn't want to be shown in the media

You can sue them, certainly, but there's this little matter of evidence. From what you describe, there's your word to document the promise and there will likely be the word of those who promised. I'd rather be representing you than them as there are a number of claims you can make. For example, while your producers are exhibiting the film thinking they pulled one over on you because there's no contract, you can tell them they forgot to pay you $50,000 to perform the role. After all, who would perform for no money if the film were going to be distributed? The absence of a written contract documenting all terms can cut both ways. However, going to court is an expensive proposition with no guarantees. Your fact pattern is a bit too thin to provide more of an answer but your position would be a bit stronger if you wrote or ad-libbed any part of the film. He said/she said situations are difficult but hiring an attorney and a willingness to go to court if necessary are two substantial weapons you can have in your arsenal. If you wish, you can call me and provide more details without charge, after which I may be able to give you a more thorough assessment.

Re: I didn't want to be shown in the media

If they can't prove that they have the right to put your image on the web, then you can get the hosting company to take the content down for copyright violation. Get a copy of the content before it is taken down and then I can help you make sure you get an award of statutory damages and attorney fees if they put it up again. My firm focuses on Internet and Entertainment Law and I can handle this from where I am located.