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How do i write a demand letter for a corporation who ran a tv commercial ad on a local and international network, showing my entire body and parts of my face w/o my knowledge, authorization, or information that it was to be done, especially as it affects my image as a church minister of international scope of activities (conference presenter, facilitator, trainer, counseler, preacher, etc.) who chooses not to endorse specific products or services to the public (broadcast) without prior review and approval. It directly affects the integrity and capacity for me to continue to provide preaching, teaching, and counseling services from an impartial perspective? The corporation has sent a response email, expressing apology to my complaint, from my initial and follow-up letters expressing the specific violation of VA privacy law that they violated and my serious response to this event and the damage to my public image because of it. They said that they don't understand why i am upset, but since I've had a good relationship with them as a customer in the past, they've asked that i express what i specifically want to do to resolve it. How do i construct a demand letter for this type of complaint and assess the appropriate "cost" of damage to personal image and profession because of association of a commercial product and service with my image that I had not approved? Please advise. samuel nixon XX.XXX@XXXXXX.XXX
Optional Information: Country relating to Question: United States State (if USA): Virginia Already Tried: I've addressed two letters (one initial and one response to their email response) to the corporation and made it plain that I am seriously disturbed/upset for running that commercial with my image w/o my knowledge and/or approval, as it has caused a suggested endorsement to a commercial service and/or product. How should i construct a demand letter specifying the damages to my character/image and assessment of the appropriate compensatory settlement proposal, based on applicable VA law?
If the broadcaster used your image for a non-news purpose, and your image was identifiable to an ordinary person, then have a claim for "commercial appropriation of identity/likeness." This is the right to damages in the amount of the value of your goodwill in the advertisement (which could be what you would have had to have been paid, had you consented to appear in the advertisement). You may also have a claim for false light attribution, if the characterization of you or your statements, ideas, traits, etc., in the ad is misleading and outrageous. You don't really need must special language in the letter. You just tell them that you believe their actions are a "misappropriation of your identity" and that they "represent you in a false light." That is enough to trigger any lawyer working for the broadcaster to know where you are going with this complaint. And, it will let them know that you have had some contact with a lawyer, because otherwise you would know those "legal magic phrases." If you want me to make some suggestions as to what the letter, please post the text of what you propose, and I'll be happy to give you some ideas.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
To Socrateaser,
Thank you socrateaser, for your reply. It's helpful.
Although I say nothing in the commercial, my image is presented for a few seconds. The corporation finance officer, as well as the local manager of operations have replied that because it was only shown for less than 3 seconds, and it was not a front facing image to the camera, they don't see why it was a problem for me.
They also claimed that "on the days we do filiming at our dealership we put up signs at the public entrances informing customers". But I have advised them that I saw no sign while on the premises and nothing was brought to my attention that I was being filmed.
What I am proposing for resolution, since I've already cited the VA law addressing this matter in my first letter to them, is the following settlement:
1) an official letter to me, expressly stating their apology for the violation and confirmation that it will not be repeated;
2) a sum of ($???) for the personal damage caused by misappropriation of my image, particularly since I serve as a minister to the public and don't associate my image with specific commercial products or services for broadcast, without specific agreement and authorization; and/or for the "representation of my image in a false light", as an ordained minister of the church responsible for providing socedotal services to the public w/o suggestion of biased commercial suggestion by me or the denomination/associations that I represent via ordained practice.
3) a sum of $??? to the organizations that I serve as board member and/or founder, that have been indirectly impacted detrimentally/negatively due to my character and image, as their global representative, being falsely broadcast on local and international networks w/o authorization.
Hope these are clear enough for your suggestions/ideas to help sharpen their meaning and impact.
I don't see anything legally problematic about your strategy. It's similar to how I would draft a prayer for damages to the court, and it explains why you believe you were damaged and you should be entitled to compensation. Seems a fair strategy. If you want to post the actual text of the letter (redact any personally identifiable info (places, persons, things), I'll be happy to look at it and see if I can think of anything else.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!socrateaser41110.6280077894
To socrateaser,Thank you for your reply. I would like to developa draft letter, as you had offered to present earlier .Would you be able to do that, using the items I'vesent to include as my action items?samuel
My apologies for any misunderstanding, but I never offered to draft a letter. I offered to make suggestions for a letter that you draft. If you want to post a letter, I'll make suggestions. But, I won't draft a letter for you. That's out of scope for the forum (except in the most simplistic cases -- which yours is definitely not). Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Thank you for the clarification. I'lldraft a letter for your review later today.
I look forward to assisting you. Note: please don't respond to this memo until you are ready to post the draft. I'm just clearing my "inbox." socrateaser41111.7382646991
To socrateaser
Please find my "draft" demand letter as follows (redacted of personally identifiable info.): ______________________________________________
Dear "Mr. BBB":
With regard to the unauthorized use of my recorded image in your televised commercial for maintenance and repair servicesin (city, state), between 8 pm and 8:30 pm (EST) on Saturday, April 21, 2012, via the "YYY Corporation" and the "ZZZ Network", and the damages it causes in the misrepresentation of my character, position, and potential conflict of interest in the services that I provide the public and faith communities in which I operate, I propose the following settlement arrangement to fully resolve the matter and all claims against "XXX Corp.", "YYY" Corporation, and the"ZZZ" Network:
1) No further use of my image in an "XXX" commercials be used without my expressed written consent, in advance of public showing, and request that an official letter be delivered to me, stating an apology for the violation and confirmation that the commercial will not be broadcast by "XXX" Company without advanced expressed written consent.
2) A sum of ($???) be paid for the personal damage caused by misrepresentation of my identity, particularly since I serve as a minister to the public regularly and do not associate my image with specific commercial products and/or services for broadcast, without specific advanced written agreement and authorization; and for the representation of my image in a false light, as ordained clergy, responsible for providing socedotal services to the public without suggestion of bias or commercial influence by me or the denomination/associations/councils that I represent, via ordained practice.
3) A sum of ($???) be paid for the purpose of supporting the organizations that I serve, as a board member and/or founder, that have been indirectly impacted detrimentally/negatively, due to my character and image, as their global representative, being falsely broadcast on local, national, and international networks without advanced notice or authorization.
If the above arrangement is agreeable to "XXX Company", "YYYCorporation", and the "ZZZ Network", then please sign below where designated by Wednesday, August 1, 2012.
I remain deeply disturbed and upset in this matter and offer this resolution as a fully corrective action at the earliest opportunity.
Please contact me at XXXXX@XXXXXX.XXX or ("mailing address") with any further questions.
With serious concern,
Rev. Samuel Nixon, Jr.
Resident
("City,State")
"XXX Company"
Signed by_________________________________________
Name:
Authorized Agent Title
cc: XXXXX
"YYY Corporation"
"ZZZNetwork"
File Copy
__________________________________________
Please review and advise on the above letter, socrateaser.
Thank you.
samuel
I don't see a problem with the general tenor of the letter. However, the other parties will not settle this matter without a genuine settlement and release agreement. That is, they will want to be irrevocably and unconditionally released from liability for the alleged injuries caused, in exchange for whatever consideration (payments, actions) that the other parties agree to in the settlement and release. Since you're not really in a position to draft a full-blown settlement and release, you could say something after your #3 paragraph like:
Note: The reason why I am not proposing a specific settlement and release agreement, frankly, is because I searched the internet for about 45 minutes and I do not find anything that fits well within the scope of your requirements. I would have to use a very expensive legal research service to conduct further research and the result would likely cost me about four times what you are offering to pay for this question. Given that position, unless you feel like shelling out an additional $500 (and I'm sure you don't), then the easy workaround is to try to get the other party to propose the text. Moreover, they will probably try to heavily revise anything you send, unless you hire a lawyer to draft the agreement, which will, of course, increase your costs by several thousand dollars.
Hope this helps.
NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
To socrateaser,
Thank you again for your advisement on the matter of suggesting that their legal team propose the language for the settlement document, and the risk of additional costs to me.
In sending my reply to the entities involved, from a legal perspective, does it matter significantly if the parties are multiple parties, since the local and international network carriers were involved in running the commercial advertisement, or should the action be focused primarily on the corporation who authorized the adverstisement (the seller of the services and products advertised) to be run? Please advise.
You can sue anyone who broadcast the commercial (assuming that you actually have a valid claim of commercial misappropriation of likeness -- I haven't seen the ad, so I'm simply assuming that you do, for the purposes of this discussion). The only persons you cannot sue are internet service providers who permit posting of the commercial as part of their internet services (e.g., youtube.com). Such providers are immune from suit, under federal law (47 U.S.C. 230(c)). Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!socrateaser41113.9399408912
Experience: Retired (mostly)
Thank you for your clarification of who can be sued.
However, I was asking more about whether it poses a more difficult legal course to do settlement (or suit) with the primary organization who authorized the commercial than to pursue action with the several parties involved in the actual development and broadcast of it, since it was a third party contracted product by the company who arranged to have it done? samuel
A competent lawyer sues everyone in proximity and allows the various defendants to extricate themselves from liability. Finger pointing can help actually identify the most likely plaintiff. I can't say which organization is the best target. If I were representing you, I would be targeting every possible defendant. That's a choice you must make for yourself.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
When you stated that, "The reason why I am not proposing a specific settlement and release agreement, frankly, is because I searched the internet for about 45 minutes and I do not find anything that fits well within the scope of your requirements.", what did you mean by not finding anything that fits well within the scope of my requirements? Are you referencing that you didn't find a settlement situation similar to mine, a case with relevance to mine, or were you relating something different? Please clarify. samuel
I didn't find a contract template that fits your circumstances.
Please find my revised "draft" letter as follows (redacted of personally identifiable info.): ____________________________________________
2) A sum of ($???) be paid for the personal damage caused by commercial misrepresentation of my identity/likeness, particularly since I serve as an ordained minister to the public regularly and do not associate my image with specific commercial products and/or services for broadcast, without specific advanced written agreement and authorization; and for the representation of my image in a false light, as ordained clergy, responsible for providing socedotal services to the public without suggestion of bias or commercial influence, by me or the denomination/associations/council/organizations that I represent, via ordained practice.
3) A sum of ($???) be paid for the purpose of supporting the organizations that I serve, as a board member and/or founder, that have been indirectly impacted detrimentally/negatively, due to my character and image, as their global representative, being falsely suggested in broadcast on local, national, and international networks without advanced notice or authorization.
As a formal settlement and release memorializing the terms of this agreement is anticipated, and as you undoubtedly have numerous templates available in-house which can be quickly modified to accomplish this goal, I suggest your legal counsel to propose the text of our agreement, so as to not further burden me with the added cost of securing my own legal representation in this matter.
As I hope you agree, it is preferred that this matter be resolved quietly and without resort to litigation. I look forward to your positive response by no later than August ?, 2012.
If the above arrangement is agreeable to "XXX Company", "YYYCorporation", and the "ZZZ Network", then please sign below where designated by Thursday, August 9, 2012.
Please review and advise on the above revised letter, socrateaser.
Also, how would you suggest as a sound, legal approach in setting an "appropriate" amount for the damages caused to my image/ representation/likeness in determining the proposed compensatory amounts for both Items 2 and 3 above, with recognition that they the other party may seek to negotiate them?
Please note, I have made the adjustments to the earlier version of the "draft" letter in "bold type" for easier identification of the changes.
The letter seems fine to me at this point. No matter what you write, you will probably not get an immediate acceptance, so you need to start somewhere, and your letter gets the point across. You also asked:
In sending this letter, would it be beneficial to retain the header, "Without Prejudice - Settlement Purposes Only", or should I omit this and leave it simply as a letter to the company? I didn't know if may help to suggest some legal reference at this point in corresponding with the company, or leave this until they respond to the suggestion that they use their own legal representatives to draw up the document. Please advise. samuel
If it were me, I would write the letter as if I were an outraged citizen seeking justice, rather than as a lawyer seeking money. The broadcaster doesn't want bad press, and if they think you are in a position to make them look bad to a large group of the public, that may be more impressive than to show that you know how to write a settlement and release. All of your places for signatures, etc., in my view, will get you nowhere. But, it's your letter, so you have to write what you feel is comfortable Once again, were it me, I would tell them what I want, and then let them write the release. Note: This will have to be my final answer for this Q&A session. These Q&As are designed to answer a specific question with some relevant follow-up questions -- not to operate as a replacement for a traditional office visit with a legal specialist. If you have further questions, please open a new Q&A, and I will be happy to assist you further.I hope I've been helpful and I wish you the best in obtaining a successful outcome of your legal issue. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Thank you for your assistance. Appreciate it.