Any time you hitch a ride on someone else's material, you have trouble.

I have seen a few legit offers like this. They are in the minority. It is our policy to check out Indy labels. Get real help, you are trying for a...

You will never feel comfortable in a federal lawsuit by being your own attorney. (C) law has too many moving parts

Yes, of course, especially if you want any of the rights. Getting an entertainment atty to do this is not a big deal

It is quite impossible to answer your question. It is a specific one and without the guidance of the US Supremes, all is best guess, anyway. Use...

If you are famous and in a state that protects your image, maybe. What's your actual damages?

Short circuit all of this and send cc's of all paid checks

You really need to speak with your own atty! Please for your sake do not post this kind of material.

I am very sorry! But this question needs to be asked in confidence with an attorney

Look, she took a picture from you voluntarily. You do not want her to use it in her commerce. So, get a lawyer to write her a letter,