Legal Question in Civil Litigation in Texas

I was approached by some prolife ministers to not have an abortion. They promised financial and equipment assistance in the future. There has been at least two non profit organizations that have taped, photographed and distributed images of me and my daughter for various events without our specific permission and used our image to raise funds. One organization advised that it would only be for a specific event and then later posted a video on the website and sent out dvd's to member of the public along with cards with my daughter's image on it afterwards. The other organization has made props with our images, taped our story, used our names and images to raise funds as well without our permission. They no longer help with anything and really hasn't since my daughter turned 2 1/2 and she is now almost five. They also used images of my son who is recently deceased. What are my rights. In Texas......


Asked on 3/28/10, 10:57 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The first thing you should do is write (paper letter, certified mail with return receipt requested) to each organization that is using your image without your consent. Demand that they stop immediately. Keep copies of the letters.

You might even add a paragraph (in your letter) that says something to the effect that you will LICENSE the use of your image (and your daughter's) for a one-time fee of $85,000.00, and tell them that if they continue to use your image, you will assume that they agree to these terms, and will pay you $85,000.00; and if they don't, you will sue them for breach of contract.

You might even add a paragraph (in your letter) that states that if they continue to use your image without compensating you, you will contact the press and publish the fact that they (the organization) is fraudulently using your image, and that you will tell the story of how they DIDN'T help you as they promised.

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Answered on 4/03/10, 7:28 am


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