Quote:
Originally Posted by banyon
What you have is a tort claim called "unauthorized use of likeness for a commercial purpose". Sometimes, this is phrased that they have violated your "rights of publicity" (your right to control the commercial use of your name or likeness). The elements that you would need to prove at trial would be 1) That the Defendants used your name or likeness, 2) for a commercial or exploitative purpose and, 3) they did not have your permission.
There are some limitations on your ability to make this type of claim. If you are seen as too big a celebrity, then it is sometimes argued that you have no privacy interest in your image (this is the minority of states' view and with the money at atake will probably soon disappear completely). If you are not a celebrity then it is sometimes argued that you have no rights of publicity because your likeness has no value (this is also a minority of state's views and seems to be shrinking).
It appears Missouri does recognize this right (in the common law tradition of the courts, but not explicitly by statute) and the fact that the use in this case (to help sell diamonds) is so obviously and completely profit oriented, if I were a MO civil atty, my ears would perk up and I'd want to hear the details.
I'm not going to say that you have a viable case, that, as others have suggested here is something that you should talk to a local attorney of your choice about. But you SHOULD take the time (and if necessary an hour or two's worth of a consulting fee from @ $120-$300) to have the case properly evaluated. There are many more questions I would have (calculating potential damages and costs of litigation would be tricky I would think), but it seems to me like a case where you might net some decent settlement that might help you out with some bills for a while.
In any event, if you had to take it to trial, I would love empanelling that jury. Chiefs fan v. Diamond Merchant. It's almost as good as the one case i had one time with "little old lady with dog with amputated leg v. Fed Ex".
This is a pretty good link I found with some more general info:
http://www.citmedialaw.org/legal-gui...keness-another |
Thank you so much this really help out and clarified a ton for me, I really appriciate you time!!
Quote:
Originally Posted by KcFanNindy
Hey there X-Factor, first off i would tell you to make sure you get a copy right of your image, also you have to have a signed release to be able to use your pic.
If anyone in the near future was to use the image of yourself or others without your express written consent, then you would have legal recourse, to pursue legal action against said individual(s). Get with Wilkie on the Coalition he is a attorney, he should have the answer for you....
*****DISCLAIMER*****
Please do not assume this as legal advice, i am no lawyer!
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Thank you brother, I defiently feel free to call you that even though I'm been told on here not to. I will defiently hit up Wilkie on this!!
Quote:
Originally Posted by Sully
Interesting fact, x...
Your arrowhead foam hat?
I was the first person to buy one of those...ever...
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Want to sell that hat, the man that made them died a few years ago, I'd pay way above what you paid for it!!
Quote:
Originally Posted by H5N1
heh, x, you aren't supposed to type 'brother' over and over unless you're black. and you clearly aren't. we white folks can use 'brah' with no recourse. I recommend you start using that, brah. and post pictures of your sweet integra.
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Got it BRAH