A Model's Sword

A Model Sword: Protecting Your Image

The courts in the United States have consistently held that people have a right to privacy. Consequently, a violation of that right would involve a person filing a lawsuit for the invasion of privacy. The right to privacy can be violated in several ways:

1. Revelation of confidential records
2. intrusion
3. creating a false light
4. exploitation

The way that’s relevant to those who are in the modeling industry is the fourth one: exploitation. Courts have held that an individual holds the rights to his or her own likeness to make money. An invasion of privacy can occur when one party uses an individual’s photo, likeness, or name without permission for advertising, marketing, or publicity. If someone does this you can sue for an invasion of the right to publicity.

In order to use a person’s photo, image or likeness you must either obtain a license to use the image or have the person sign a waiver stating that they give up any rights in the image being used! If you do not do this, you could find yourself involved in serious litigation for an invasion of their right to publicity and privacy!

A person who is an actor, model, or whom may have taken photographs for some event, publication, magazine, etc, must be careful about what rights they are giving away when signing a waiver. The language in the waiver has to be reviewed very carefully to make sure you LIMIT the ways your image or likeness can be used. You would hate for your image to show up on a billboard promoting cigarettes if you’re not a smoker! With today’s technology and advance software, an image can also be altered in ways not intended by the person giving permission!

So next time make sure you protect yourself by limiting the way a person can use your image. Consult an attorney (like myself!) if you’re not sure. Never, never, never sign a document that gives a person the right to use your image without reviewing it first!!!