Q: I am working on a film documentary, and out of bad spirits, an interviewee refused to sign release, can I sue him?
I am wondering if I can sue him for bad intentions because this is for college applications. Also, if I were to release the film, could he sue me? It is under my company's name and I am a minor
A:
Many states have a "misappropriation of likeness or image" cause of action, which means broadly: It is illegal to use someone's likeness or image without their consent or beyond the scope of their consent. Generally, you do not have the right to use someone's performance on film without their consent for your own benefit.
If you film someone without their consent (they refused to sign a release), you generally cannot sue them to exploit their likeness for your own benefit. In many states, they could indeed sue you if you do use their likeness (publish the film for personal benefit). What are their "bad intentions" beyond an unwillingness to allow you to exploit their likeness or image?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
