QUESTION
I was featured on a TV show that was broadcast nationally. I did not give consent to use my image or voice. I am easily identifiable. Can I sue them?
Asked on May 22nd, 2012 on Entertainment Law - New Jersey
More details to this question:
it was a "fly-on-the-wall" gotcha segment on the Today show where they set up hidden cameras in a private house in an attempt to catch crooked contractors. I was one of the good guys, and wasn''t taken in, most others weren''t so honest. My face and voice are featured, and I am identifiable by the work logo on my shirt. It is not entirely clear (at least to some of my friends that have seen the segment) that I am portrayed as a good guy, I seemed to be lumped in with the crooked contractors.I did not give consent of any kind, and I only learned about it after it was broadcast. I am livid that they used my image and words without my consent while I was in a private setting for their commercial gain. This happened in New Jersey. Do I have cause for a misappropriation suit?
1 ANSWER
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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The right to prevent the use of your image/likeness/voice is the right of publicity, or the right of privacy. These rights vary from state to state but generally prohibit the use of your likeness or image for commercial purposes. There are exceptions to these rights, again depending on each particular state law. New York, for example, says that "fleeting" appearances do not infringe a person's right of publicity. There are also First Amendment rights that can allow the use of someone's image without their consent, such as for news reporting. This is a very complicated area of law and you should consult with an attorney to go over all of the facts to determine if you have a claim.
Answered on May 27th, 2012 at 8:58 AM