QUESTION
Regarding to the Freedom of Information Act, may a website, business, etc obtain a public record regarding your person to use as entertainment?
Asked on May 31st, 2012 on Entertainment Law - Ohio
More details to this question:
I was 18 and I made mistakes. I was arrested a few times for mostly misdemeanor offenses, traffic and such. Once I was arrested for domestic violence, the case was dismissed and I have suffered no ill effects for over a decade. Recently, while looking for specific information on myself and family, I stumbled on a website that posted mugshots from arrests for entertainment and social ostracizing. The Freedom of Information Act allows them access to these records, but is it legal for them to use these records for this purpose?
1 ANSWER
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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Your question is about your right of publicity, meaning can someone else use your image/voice for their commercial gain without your permission. The right of publicity is different in every state. If the website is put up for commercial purposes, then you can enforce the rights of any state where the use violates the right of publicity and there is no exception because these were public records.
Answered on Jul 08th, 2012 at 1:57 PM