Thank you.

This goes to what was agreed-upon. In California, the Courts have adopted Prosser's definition of "invasion of privacy" as:

1. Intrusion upon the plaintiff's seclusion or solitude, or into his private affairs.
2. Public disclosure of embarrassing private facts about the plaintiff.
3. Publicity which places the plaintiff in a false light in the public eye.
4. Appropriation, for the defendant's advantage, of the plaintiff's name or likeness.

Miller v. National Broadcasting Co., 187 Cal. App. 3d 1463 - Cal: Court of Appeal, 2nd Appellate Dist., 1st Div. 1986.

The question here is what exactly did you agree on? This will be the crux of the case. If you feel you can argue by a preponderance of the evidence that you only agreed to photography - and can prove it - then you have a case because arguably, they overstepped the permission that you originally gave them.

However, they can argue that you allowed video after all. It would be your word against theirs.

If you are successful, aside from requesting specifically that the Court order them to take down the video, you may request punitive damages. The Court of Appeal declared that because the interest involved privacy, the damages flowing from its invasion logically would include an award for mental suffering and anguish. Fairfield v. American Photocopy etc. Co., 138 Cal. App. 2d 82 - Cal: Court of Appeal 1955.

Whether or not you feel that this is worth your financial and emotional investment to pursue is your decision, of course. The good news is that a "take down" letter from an attorney threatening to sue may doe the job without even having to resort to litigation. Such a letter normally costs about $150 or so from an attorney.

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