Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BUSINESS AND FINANCIAL LAW > Sports / Arts / Entertainment Law
Reload this Page I'm in a Commercial, but I havent' given consent!

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Closed Thread
Page 1 of 2 1 2 >
 
LinkBack Thread Tools Rating: Thread Rating: 4 votes, 5.00 average. Display Modes
  #1  
Old 05-14-2009, 10:01 AM
Junior Member
  
Join Date: May 2009
Posts: 2

I'm in a Commercial, but I havent' given consent!

I live in Florida.

In 2005 I interviewed a martial artist at a dojo who had recently published a book. This was a public book signing. I was interviewing him for a magazine I was starting. Last year I saw a commercial for the dojo and it turns out that they used a clip of me asking the martial artist a question and then used his answer. I had no knowledge that they were filming or at least not for broadcast.

Should I ask for compensation? If so, how much? And how should I go about it?

Thanks!What is the name of your state (only U.S. law)?
  #2  
Old 05-14-2009, 11:56 AM
Member
  
Join Date: Apr 2009
Location: OHIO
Posts: 119
Question

Question

What is a "dojo" may I ask?
  #3  
Old 05-14-2009, 12:11 PM
Senior Member
  
Join Date: Oct 2007
Posts: 2,548
a dojo is a place where karate takes place
  #4  
Old 05-14-2009, 12:17 PM
Member
  
Join Date: Apr 2009
Location: OHIO
Posts: 119

Thanks!

Thanks, Veronica. I guess I need to get out more.
  #5  
Old 05-14-2009, 12:28 PM
Senior Member
  
Join Date: Jan 2007
Location: Michigan
Posts: 5,150
Or perhaps just try Google. . . .

Florida recognizes the invasion of privacy tort, misappropriation of a name or likeness for a commercial purpose (Fla Stat §540.09), which says that "No person shall publish, print, display, or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by (a) such person..."

Anyone whose name or likeness is used in such a manner may bring an action to enjoin such unauthorized use and recover damages, including an amount which would have been a reasonable royalty, and punitive or exemplary damages.

HOWEVER, Florida courts have ruled that this statute does not apply when the name and/or likeness is not used specifically for advertising purposes OR when a person is merely a member of the public (not named, not identified in connection with the use) and it does not apply when the name and/or likeness is not directly used for promotion of a product or service.

If your name and/or likeness is not used to directly promote the dojo, and/or if you are not shown endorsing or promoting this dojo but are rather a part of the work in which you voluntarily participated (ie. you knew you were being filmed), then you probably would have no legal recourse.

You can show the commercial to an attorney in Florida, to see if you have any action that can be pursued. It really depends on how you are presented in the commercial. There is also the possibility that the dojo may compensate you, whether legally obligated to do so or not.
Last edited by quincy; 05-14-2009 at 12:33 PM.
  #6  
Old 05-14-2009, 09:08 PM
Senior Member
  
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Monostereo View Post
I live in Florida.

In 2005 I interviewed a martial artist at a dojo who had recently published a book. This was a public book signing. I was interviewing him for a magazine I was starting. Last year I saw a commercial for the dojo and it turns out that they used a clip of me asking the martial artist a question and then used his answer. I had no knowledge that they were filming or at least not for broadcast.

Should I ask for compensation? If so, how much? And how should I go about it?

Thanks!What is the name of your state (only U.S. law)?

**A: I would not ask for compensation.
  #7  
Old 05-15-2009, 05:30 AM
Senior Member
  
Join Date: Jan 2007
Location: Michigan
Posts: 5,150
I wouldn't necessarily ask for compensation, either - it really depends on what the commercial is like, however.

And this post is actually only to bump spam (8 posts reported so far at the end of this thread. . . .geez).
  #8  
Old 05-15-2009, 05:41 AM
Senior Member
  
Join Date: Dec 2007
Location: Thebes
Posts: 6,068
Quote:
Originally Posted by quincy View Post
I wouldn't necessarily ask for compensation, either - it really depends on what the commercial is like, however.

And this post is actually only to bump spam (8 posts reported so far at the end of this thread. . . .geez).
Well Quincy, you, me and the spammers must be pulling an all nighter
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #9  
Old 05-15-2009, 06:00 AM
Senior Member
  
Join Date: Jan 2007
Location: Michigan
Posts: 5,150
That sure seems to be the case. Good morning, wirelessany1 (and Noguninny the spammer).
  #10  
Old 05-15-2009, 06:03 AM
Senior Member
  
Join Date: Dec 2007
Location: Thebes
Posts: 6,068
Quote:
Originally Posted by quincy View Post
That sure seems to be the case. Good morning, wirelessany1 (and Noguninny the spammer).
The best of mornings to you Q. Nog has been at it for hours. Don't these idiots get it - we will never let them win!
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #11  
Old 05-15-2009, 06:24 AM
Senior Member
  
Join Date: Feb 2006
Location: Deep East Texas
Posts: 1,247
The spammers are busy today. One came in behind Wirelessany1's post. Don't worry - I saved you from the evil spambot.
__________________
Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
  #12  
Old 05-15-2009, 08:22 AM
Senior Member
  
Join Date: Feb 2006
Location: Deep East Texas
Posts: 1,247
Tenacious dolt, isn't he?
__________________
Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
  #13  
Old 05-15-2009, 10:35 AM
Senior Member
  
Join Date: Jan 2005
Posts: 21,655
Quote:
Originally Posted by Country Living View Post
Tenacious dolt, isn't he?
Wow, I'm honored! I got to zap one too!
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #14  
Old 05-15-2009, 10:37 AM
Senior Member
  
Join Date: Feb 2006
Location: Deep East Texas
Posts: 1,247
Quote:
Originally Posted by Zigner View Post
Wow, I'm honored! I got to zap one too!
We were zapping at the same time.... you got there first!
__________________
Quote:
Originally Posted by dolly09 View Post
Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.

Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation."
  #15  
Old 05-17-2009, 09:24 AM
Junior Member
  
Join Date: May 2009
Posts: 2
Hi Everyone,

Thanks for the responses! There is a lot to think about. I guess it is not worth going to an attorney. I will try to resolve the situation directly with the dojo. I can't imagine being compensated that much anyway...it is a small business. But I do think it will be worth hearing their side of the story.

Cheers
Closed Thread
Page 1 of 2 1 2 >

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:47 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.