I'm in a Commercial, but I havent' given consent!

[Monostereo]

I live in Florida.

In 2005 I interviewed a martial artist at a dojo who had recently published a book. This was a public book signing. I was interviewing him for a magazine I was starting. Last year I saw a commercial for the dojo and it turns out that they used a clip of me asking the martial artist a question and then used his answer. I had no knowledge that they were filming or at least not for broadcast.

Should I ask for compensation? If so, how much? And how should I go about it?

Thanks!What is the name of your state (only U.S. law)?

 

[KJHOOK13]

Question

What is a "dojo" may I ask?

 

[VeronicaLodge]

a dojo is a place where karate takes place

 

[KJHOOK13]

Thanks!

Thanks, Veronica. I guess I need to get out more.

 

[quincy]

Or perhaps just try Google. . . .

Florida recognizes the invasion of privacy tort, misappropriation of a name or likeness for a commercial purpose (Fla Stat §540.09), which says that "No person shall publish, print, display, or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by (a) such person..."

Anyone whose name or likeness is used in such a manner may bring an action to enjoin such unauthorized use and recover damages, including an amount which would have been a reasonable royalty, and punitive or exemplary damages.

HOWEVER, Florida courts have ruled that this statute does not apply when the name and/or likeness is not used specifically for advertising purposes OR when a person is merely a member of the public (not named, not identified in connection with the use) and it does not apply when the name and/or likeness is not directly used for promotion of a product or service.

If your name and/or likeness is not used to directly promote the dojo, and/or if you are not shown endorsing or promoting this dojo but are rather a part of the work in which you voluntarily participated (ie. you knew you were being filmed), then you probably would have no legal recourse.

You can show the commercial to an attorney in Florida, to see if you have any action that can be pursued. It really depends on how you are presented in the commercial. There is also the possibility that the dojo may compensate you, whether legally obligated to do so or not.

 

[HomeGuru]

I live in Florida.

In 2005 I interviewed a martial artist at a dojo who had recently published a book. This was a public book signing. I was interviewing him for a magazine I was starting. Last year I saw a commercial for the dojo and it turns out that they used a clip of me asking the martial artist a question and then used his answer. I had no knowledge that they were filming or at least not for broadcast.

Should I ask for compensation? If so, how much? And how should I go about it?

Thanks!What is the name of your state (only U.S. law)?

**A: I would not ask for compensation.

 

[quincy]

I wouldn't necessarily ask for compensation, either - it really depends on what the commercial is like, however.

And this post is actually only to bump spam (8 posts reported so far at the end of this thread. . . .geez).

 

[Antigone*]

I wouldn't necessarily ask for compensation, either - it really depends on what the commercial is like, however.

And this post is actually only to bump spam (8 posts reported so far at the end of this thread. . . .geez).

Well Quincy, you, me and the spammers must be pulling an all nighter

 

[quincy]

That sure seems to be the case. Good morning, wirelessany1 (and Noguninny the spammer).

 

[Antigone*]

That sure seems to be the case. Good morning, wirelessany1 (and Noguninny the spammer).

The best of mornings to you Q. Nog has been at it for hours. Don't these idiots get it - we will never let them win!

 

[Country Living]

The spammers are busy today. One came in behind Wirelessany1's post. Don't worry - I saved you from the evil spambot.

 

[Country Living]

Tenacious dolt, isn't he?

 

[Zigner]

Tenacious dolt, isn't he?

Wow, I'm honored! I got to zap one too!

 

[Country Living]

Wow, I'm honored! I got to zap one too!

We were zapping at the same time.... you got there first!

 

[Monostereo]

Hi Everyone,

Thanks for the responses! There is a lot to think about. I guess it is not worth going to an attorney. I will try to resolve the situation directly with the dojo. I can't imagine being compensated that much anyway...it is a small business. But I do think it will be worth hearing their side of the story.

Cheers