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Alex, Licensed Attorney
Alex, Licensed Attorney, Attorney
Category: Legal
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Experience:  Licensed attorney, 11 years experience, family law, immigration, contracts, estates, litigation
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Say I was filmed for a candid camera television show. Do I

Customer Question

Say I was filmed for a candid camera television show. Do I have a right to refuse for it to be shown on tv?
Submitted: 6 years ago.
Category: Legal
Expert:  Alex, Licensed Attorney replied 6 years ago.
Generally speaking unless you gave a release for your image you have either, depending on the state (jurisdiction) the right of privacy or the right of publicity (basically the same, but different names are XXXXX XXXXX different places). For instance, in New York State you are protected by the NYS Civil Rights Law sec. 50: "Right of privacy. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor." There is a similar law in California under the Civil Code Sec. 3344. In California this right extends to dead celebrities, Civil Code Sec. 3344.1
Customer: replied 6 years ago.
Do I have these rights in Alabama?
Expert:  Alex, Licensed Attorney replied 6 years ago.
Alabama recognizes a common law "right of publicity". This right develops out of the law of torts, or wrongs that cause someone economic damages. In other words, while the right of privacy -- in those states that recognize that right -- protects your image from being reproduced for commercial gain, it is because you have a right to be left alone. Whereas in states that recognize a right of publicity, this is that your image, if it has financial worth, cannot be exploited unless you give permission. It appears that in Alabama only celebrities have been able to successfully sue for invasion of the right of publicity. See Alison v. Vintage Sports Plaques 136 F3d 1443.