Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.
If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage.
Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident in. All from the pictures we snapped.
Now we sue them for copyright infringement. The judge says we cannot copyright an event, idea, etc. So our case gets dismissed.
Can we claim that they used part of our personality and file & successfully win a case for appropriation of name, image, or likeness (Right of publicity)?
What do you think, what are the chances of winning the right of publicity case?
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A:
In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity protects against the unauthorized use of your name, likeness, or other identifiable characteristics.
However, the success of such a case can depend on several factors. It's important to demonstrate that the movie is closely based on your personal experiences and that these elements are uniquely identifiable to you. The use of these elements should also be shown to have commercial value, which the movie is capitalizing on without your consent.
It's also crucial to consider how the jurisdiction interprets the right of publicity. Laws can vary, and California, for instance, has specific statutes protecting an individual's likeness and personal characteristics.
In summary, you may have a viable case, but it's essential to consult with an attorney who understands the nuances of intellectual property and privacy law. They can assess the specifics of your situation and provide guidance on the likelihood of success and the best course of action.
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