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M

marlasinger

Guest
What is the name of your state? California

Thank you very much for taking the time to respond to my question.

I recently received a call from an acquaintance who saw my photograph on the front cover of my college's course catalog (which sells in the college bookstore for $5 - $10). I was shocked. I was never informed by the college of their intent of using my picture for the catalog, nor did I consent to this. As it is, I was not even aware that the photo was being taken by college staff.

When I saw the cover of the catalog, I was mortified. The photo is a close-up of my face and shoulders, and it fills approximately 70% of the 8.5" x 11" cover. I am a very shy, private person, so my picture on the front cover of a publication that sells to over 25,000 students is the source of much anxiety for me. I was planning on returning to school this summer, but I am now considering switching schools because of this.

I have been reading over California Civil Code Section 3344, but my understanding of this code in application to my situation is limited. Specifically, what kind of "damages" must I have sustained from their use of my photo to make them liable?

Your thoughts and opinions on this matter are very much appreciated.

“Marla”
 


JETX

Senior Member
Rather than us GUESS what damages you might have sustained, how about you telling US what damage you have incurred from their publishing the photo.
 
M

marlasinger

Guest
JETX said:
Rather than us GUESS what damages you might have sustained, how about you telling US what damage you have incurred from their publishing the photo.
I apologize. That isn't what I meant. I have no background in law, so please have a little patience with me. I simply am unaware of the meaning of the word "damage" in the legal sense as it applies to California Civil Code 3344(a). I am not sure if the violation of publishing my photo without consent and selling it on merchandise in of itself constitutes "damage", or if the term is meant to be taken more literally, such as physical "damage" or injury to my person.
 

JETX

Senior Member
My suggestion... is to contact the publisher and advise them that you are the person on their cover, and that the use of your likeness without your permission is a violation of CA Civil Code §3344, making them liable for damages.
Ask them to provide a copy of your signed release (allowing them to use your likeness), to remove their 'violation' or to pay you to use your likeness.

A good site with lots of information on this can be found at:
http://www.cafepress.com/cp/info/help/parodylaw.aspx
 
M

marlasinger

Guest
JETX - Thank you very much for your response. The link you provided was very helpful. I am considering following your advised course of action. Thanks again.
 

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