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A law blog by Robert Lombardo on The Whole 9

Attorney Robert Lombardo came from the creative world and then began practicing law in 1995. The diversity of his professional life (years of which were spent in Europe, Australia and Japan) gives him a unique perspective on the law. Currently Robert is focusing on entertainment law (which encompasses nearly all creative industries) and brings this firsthand experience and desire to make the law accessible to the The Whole 9 community.

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Invasion of Privacy or Public Figure?

January 22, 2010
2 Comments (see all)

 

Prince Chuck, a well-known polo player, was drinking “Backdoor” wine at Posers Vineyard, with his close friends, Mykae’Y and T’reek.

After downing a couple glasses, Prince Chuck states:  “Love this Backdoor stuff.”

T’reek then asks Prince Chuck if he can take a picture of him with his beautiful and charming wife, Mykae’Y.  Prince Chuck says:  “Why, of course.”

Mykae’Y leans in towards Prince Chuck, puts one arm on his back and, with the other hand, spins the bottle of wine so the label is clearly showing.  T’reek snaps the picture.

T’reek and Mykae’Y then sell the photo to Posers Vineyard to pay for Mykae’Y’s hair extensions.

A few months later, back in South America, Prince Chuck is flipping through an internationally circulated Polo Magazine and discovers an advertisement for Posers Vineyard.  The advertisement shows a picture of him and Mykae’Y with a bottle of “Backdoor” wine sitting on the table in front of them.  The caption under the photograph states:  “Prince Chuck loves his Backdoor wine.”

Prince Chuck sues Posers Vineyard to recover damages as a result of Posers Vineyard’s use of the photograph.

You are the judge.  Does Prince Chuck prevail?

 

Any Resemblance to Actual Events or Persons Living or Dead is Purely Coincidental.

Answer below in comments later today.

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2 comments (see all)
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  1. awaken2sun

    If Poser’s Vineyard asked T’reek if he had a model/celebrity release and he said yes, them I believe that T’reek would then be the one responsible.

  2. biko

    *********
    Prince Chuck prevails against Posers Vineyard
    in a tort action for invasion of privacy.
    *********

    Although Prince Chuck is a public figure and thus subject to news coverage, he has a property right in his name and likeness. Therefore, when Posers Vineyards used Prince Chuck’s name and likeness without his consent for its commercial use, it violated that property right. Posers Vineyards would have needed an exclusive license from Prince Chuck to use his name and likeness – which they didn’t have.

    Prince Chuck does not have a claim against T’reek because he didn’t publish the photograph at all. T’reek and Mykae’Y could have published it on their Facebook page because Prince Chuck is a public figure. Again, it is the commercial use that is the issue.

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