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Use of image on TV without permission

In June 2008, I was in a restaurant in New York City and, while eating, a camera crew entered and set up cameras around a single table in the corner. A few minutes later, a crew entered with Paris Hilton, apparently filming her for some show. I never gave permission to be on camera and was never asked to sign a release. I was neither told about this nor was asked if I minded being filmed. The cameras were set very close to her table and since the other patrons and I were not asked or told about the ongoings, I assumed she was the only one being filmed. Earlier this week, I received an email from a friend who saw me on Paris Hilton's Reality Show on MTV called My New BFF. Shortly after, I received multiple emails, having been recognized on screen. Not having signed a release or given them permission to use my image, I was surprised to see my face clearly on screen. I am a professional composer and college professor, as well as being a recording artist with musical instrument product endorsements, whereby, I have given permission to select companies to use my name and image. Being recognizable on this show undermines and marginalizes my position as a sophisticated artist, including the companies that endorse and sponsor me. My association with Paris Hilton and her show could affect my image and business, along with my promotion as an artist of sophistication. This could put my career and professional relationships at risk. What legal recourse do I have?

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Attorney answers (1)

Reputation Level 9
Wow. You sound as if you have researched the law regarding this issue and appear ready, willing and able to hire a lawyer and sue the company(ies) responsible for having given you such valuable free exposure; so by all means, be my guest and have at it. However, if I were you I would not want to pay any lawyer very much money up-front, because whatever amount you receive in damages to your image and illustrious career from a jury may not be enough to recover the attorney fees you have paid. Now think: If your jury is composed of people who would be thrilled to have been in your shoes and photographed sitting right next to someone famous like Paris Hilton, you will probably not receive a very large cash award; right?

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