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Unauthorized filming and usage for commercial purposes

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antonroma21

Junior Member
What is the name of your state (only U.S. law)? Texas

Hello, I was inquiring about the situation involving me and my friends, we were videotaped without our permission and the video of us was posted on Youtube as an advertisement video. Would it be reasonable to sue the apartments and what are the odd of me benefiting from it? Thank you in advance.
 


swalsh411

Senior Member
Where you at the time the video was taken? (public sidewalk, private home, etc). You may have been somewhere where it was perfectly legal to film you and there is nothing you can do about it. Have you asked them to remove the video?
 

quincy

Senior Member
There are laws that protect against the unauthorized use of another's name or image for advertising purposes. A photographer cannot generally, for instance, take a photo of a person and then use that photo to advertise a product or service, without permission from (and usually compensation to) the person photographed.

A review of the video would be necessary to determine how your image is used.

Although the videographer may have been legally entitled to film you if you were in a public place, how the videotape is used can be an issue. If the video shows several people gathered in a public place, there may not be any legal recourse, even if the video is later used for advertising purposes. On the other hand, if the video focuses just on you, you may have a legitimate cause of action you can pursue.

Whether you can benefit from the videotape airing on YouTube, then, would depend on several factors (including whether any profits were realized from the airing of the ad). Show the YouTube video to an attorney for review.
 
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