Image Used Without My Consent

[sneggiwt]

What is the name of your state?

CO

Okay, so here is the situation. A little over a year ago I attended an informational seminar that this company was hosting. They were filming it, but said they had no plans to release it. At the end of the seminar, they asked me if I would sign a release to allow my image to be used... I didn't because I didn't want my image used in any product or otherwise.

A few months ago I found out they were going to be releasing it as a product, and I sent them an email explicitly telling them they did not have permission to use my image, and that if they did they would be hearing from my attorney.

Now, as you can guess, they released the product and there is video of me on it... without my permission. My question is... what type of lawyer do I need to contact to handle this... intellectual property? Also, what is the general process for things like this? Any comments or help is appreciated... thank you.

[racer72]

You will have to prove 2 things. First, are you referred to by name or are otherwise identifiable? Second and likely even more important, how much is a picture or video of you worth and what are your damages? If everyone sued everytime their image was used without their permisssion, the courts would be swamp and those celebrity rags would be out of business in no time.

[quincy]

You would probably want an attorney knowledgeable in privacy laws.

Although Colorado makes it more difficult to bring an invasion of privacy action than is the case in other states, and Colorado does not recognize the privacy tort of "false light" (which is a close relative to defamation), they will consider privacy actions for "intrusion upon seclusion", "appropriation of a name or likeness for commercial purposes" and "publicity given to a private life." I would think that your situation, as described, could potentially fall under one of these torts.

Perhaps the most common privacy action pursued, and the one I think your attorney may consider, is the unauthorized use of an individual's name or likeness to promote a product or an enterprise. Releases are normally requested and required when an individual can be identified in a photo or video that is to be published.

However, in order to win any privacy action, you generally must be able to demonstrate damages suffered as a direct result of the unauthorized use. And this particular tort will not apply when the image is used as part of a newsworthy event or story, and this tort will not apply when the image used is merely incidental. The video should be reviewed carefully by your attorney to see if this "merely incidental" aspect applies.

Courts will consider the nature of the use of the image, and commercial uses are more likely to result in an award of damages.

Good luck.