It depends on what you mean by "reality TV." Shows like Lost, The Bachelor, The Bachelorette, and Naked and Afraid, sign contracts with the participants which include waivers of any claims for use of their likenesses. I would guess that the contracts probably tell the participants who intimate the recording, filming, and distribution of the recordings, will be.
The news media records people in public places and interviews people as part of their 1st Amendment role, and don't get waivers. Those who are recorded and filmed have no idea who those recordings might be used and no control over them.
On the internet, there are some postings which are blurring the line between news and reality TV. News media and reality TV on broadcast and cable television are controlled by professional producers who are continuously seeking legal advice on these kinds of issues. Freelance people claiming the protection of journalism, but who are more like papparazi, stalkers or reality TV, aren't subject to that kind of professional control, often haven't had the professional education and training regarding the law and privacy, and might not care.
Such cases are going to depend very heavily on the specific facts of the case.
Our office does not take such cases on a contingent fee basis. That's where you don't pay the attorney until the end, and the attorney only gets paid from what is collected, whether by settlement or a judgment. Our clients compensate us on an hourly basis and pay us each month for any work done the previous month. Our way is less expensive for the client if we win. The risk of losing is on the client instead of on us.
Dana Sack
510-286-2200
Answered on Aug 05th, 2016 at 9:53 AM