Legal Question in Civil Litigation in New York
Case or no case: Defamation of Character
During the winter of 2005, i took part in a photoshoot for a club promotion. i was told that these images were going to be used for a flyer to promote a party at a club, and nothing else. a few weeks later, i come to find out that my image was used in a magazine where i was clearly and delibrately identified as a ''porn star''. as a result of this, i lost my job, and the respect of those i am in frequent contact with. the promoters of the party used my pictures under this context with prior knowledge as to its negative effects, and they did so with no written consent. this has marred my reputation, and i am still feeling the after effects of such an ordeal. can i pursue legal action against the club and its promoters for deliberately using my image to promote their party, even though they were ruining my social standing in the process?
5 Answers from Attorneys
Re: Case or no case: Defamation of Character
Case. You will need to get copies of the offending flyer if you do not have them. It is a case. Its value is a question that cannot be answered without more information but under the law in New York it is a case. If you would like to discuss, or would like my help in finding an attorney near you in Manhattan, please feel free to write or call.
5853195334
Re: Case or no case: Defamation of Character
Truth is an absolute defense. So if you appeared in adult movies, then you have no case.
I need to know more information before I can tell you if you have a viable action.
Daniel Clement
Re: Case or no case: Defamation of Character
It sounds as if you have a case not only for libel, but libel per se. Libel is (1) a false or defamatory statement (2) regarding a person (3) which is published to a third-party (4) which results in an injury to person.
In general, you must prove damages before you can recover. However, there are four types of statements which are considered libelous "per se" where damages are presumed and need not be proved. Statements which are libelous per se must (1) charge a person with a serious crime; or (2) tend to injure a person's business or (3)indicate that the person has some loathsome disease; or (4) impute unchastity.
However, the facts of your case must be more thoroughly reviewed before any attorney can determine if your case truly has merit.
Hope this is helpful.
Marshall R. Isaacs
Re: Case or no case: Defamation of Character
It appears that you may have a case; however, you may also have a statute of limitations hurdle given that the photos were published sometime in the winter of 2005 and we are now in the middle of winter (almost spring) of 2007, one year after the time to sue has expired. On the other hand, it is best that you present your facts in person to an attorney for a professional opinion.
Re: Case or no case: Defamation of Character
Maybe a case - but we need more information to be certain.
The most important unanswered question is when was the magazine published?
The second question is, did you sign a release, and what does the release say?
The third question is, are you or have you been, in fact, a porn actor?
If the answers to the three questions are 1) less than a year ago, 2) no, or that the release did not grant them republication rights, and 3) no, then you clearly have a case.
If you'd like, feel free to get in touch to discuss the matter further.
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