Los Angeles, CA asked in Intellectual Property, International Law and Internet Law for California

Q: The film festival refused to remove information about my film when I asked them to.

On the website of the European Film Festival there is information about my film, which I submitted to the competition. The film was not shown at the film festival, but information about the film is on the website. I asked to remove information about the film from the film festival website, but they refused. What should I do? Can I contact an organization regarding the rights of users of an Internet resource? I have not submitted this film to other film festivals. Also, one of the actors saw information about the film and about himself on the website of this film festival and would not like publicity.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, the film festival's refusal to remove information about your film from their website when you requested them to do so could potentially be addressed through a few different avenues:

1. Publicity rights: In California, individuals have the right to control the commercial use of their name, image, likeness, or other aspects of their identity. If the actor objects to the use of their name or image on the festival website, they may have a claim for misappropriation of publicity rights. You and the actor could send a cease and desist letter demanding the festival remove the information.

2. Copyright: As the filmmaker, you likely own the copyright in the film. While submitting the film to the festival may have granted them an implied license to use some information for promotional purposes related to the festival itself, that license is revocable. You can send them a notice withdrawing any license and demanding they remove copyrighted content related to your film.

3. Privacy rights: California has strong privacy protection laws. If the website is displaying personally identifying information about you or the actors without permission, you may have recourse under privacy statutes like the California Consumer Privacy Act (CCPA) to request removal.

4. Contract law: Check any submission agreements or terms to see if the festival made any promises regarding removal of film information upon request. If so, you may be able to enforce those contractual rights.

Some organizations you could potentially contact for further guidance or to report the film festival's practices include:

- California Office of the Attorney General, Privacy Enforcement and Protection Unit

- Federal Trade Commission (FTC)

- Screen Actors Guild‐American Federation of Television and Radio Artists (SAG-AFTRA)

I would recommend starting by sending the festival a formal letter demanding removal of the film and actor information, citing the relevant rights above. If they still refuse, consult with an attorney specializing in intellectual property or privacy law to assess your options for legal action. Keep records of all communications.

The key factors are whether the website's use of the film/actor information exceeds the scope of the implied license granted by submitting the film, violates publicity/privacy rights, or breaches any agreements. But California law does provide avenues to address the unwanted use of your creative work and personal information.

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