QUESTION
Would we have a case if my husband was shown on a reality tv show without signing a release?
Asked on Jun 01st, 2012 on Entertainment Law - Nevada
More details to this question:
Recently my husbands work was the focus of a reality show. He refused to sign the release, since he did not want his face shown. The show has begun to air and they have shown his face on two occasions in a single episode. We are very upset, but not sure if it is technically illegal.
1 ANSWER
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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This falls under your husband's publicity rights. In general, a third party cannot use your husband's image/likeness/voice for commercial benefit without his permission. Publicity rights vary from state to state, though, and some states such as New York exempt "fleeting" shots. You need to find someone familiar with publicity rights and discuss the show, the reach of the show, and what states' laws might have been violated by the reality show - and also what damages he could be due.
Answered on Jun 02nd, 2012 at 12:45 PM