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The house we are renting recently was listed by a local c21,

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The house we are renting...
The house we are renting recently was listed for sale by a local c21, when they came to take pics of the residence I ended up being in the pictures in my pajamas, we told the agent that no pics of us would be posted publicly without my consent, so they posted a pic of me in my pajamas on a century 21 site, everyone has seen it and I am embarrassed, I went to the c21 office and met with the owner and he agreed that it was wrong and it would be taken down immediately, it is still up as we speak, it has been two weeks since I requested to have the pic taken down, can I sue
Submitted: 1 year ago.Category: Legal
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Answered in 12 minutes by:
3/28/2016
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,600
Experience: Over 30 years of experience
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Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Nevada has a very strong statutory right of publicity law that protects the use of your image for commercial purposes. So yes you have a viable action under the statute. The statute protects uses of “name, voice, signature, photograph or likeness."

http://rightofpublicity.com/statutes/nevada

You do not have to be a celebrity to use the statute to protect yourself.

see: Hetter v. Clark County, 874 P.2d 762 (Nev. 1994)

http://law.justia.com/cases/nevada/supreme-court/1994/23453-1.html

The first step is to send the company a Demand letter. A Demand is a simple straight forward letter that informs the other party what you issue is and what remedy that you are demanding. Here is an article that discusses how to write a good demand letter:

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html

Under the law you are entitled to damages that would include:

(1) Actual damages, but not less than $750; and
(2) Exemplary or punitive damages, if the trier of fact finds that the defendant knowingly made use of the name, voice, signature, photograph or likeness of another person without the consent required by NRS 597.790.

So the Demand letter is an important tool to demonstrate lack of consent.

Given that you are not a celebrity, you are probably looking at the statutory damages of $750.00 plus some nominal punitive damages (may triple damages). Plus removal of the photo. This would mean that you could bring the action in Small Claims Court.

Here is information on the small claims process:

http://www.civillawselfhelpcenter.org/self-help/small-claims/suing-someone-in-small-claims/107-filing-your-small-claims-case

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 year ago
Where would I obtain the proper forms to file
Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello:

The clerk of the small claims court would have the forms that you need to file.

You can also find them here:

http://www.civillawselfhelpcenter.org/forms/small-claims-forms

The action you are filing is not typical, so you likely will need to adapt the forms to your situation.

You will need to pay filing and service costs (which are recoverable if you win).

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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