ok here is the short version my sister is pregnat and we went to this thang that was happining at the hospital it was for the new birthing center and they had been recording....and there were ALOT of people but my sister is VERY self conscious and had asked not to be on the video and my mom (who is Also self conscious) had been whatching tv and saw a comerical for the hospital and she was on there and in tears she told my other sister what she saw my mom was in an abusive relation ship and doesnt want to have anything to do with her abuser and we moved out of one city to another but the cable company here is being bought by the cable company from where we just had moved so there is a chance that he will see it...but my mom feels she should have signed something saying it was alright....
so should we get legal advice?
and if so could we have a lawsuite?
Please Help
2006-09-26 19:44:24 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
isnt it weird if my sister had said she did not want to be recorded and me and my mom were with her the whole time that the man recording would have not recorded around my sister after she had ask not to be....
2006-09-26 20:07:14 · update #1
Contact the hospital's administration - general counsel or person in charge (with hospitals that may be a president or director or...).
State very briefly:
That you did not give your consent to be made part of their commercial, and that it is an unauthorized use of your likeness.
(This will be ignored.)
That your sister (or better have her state it) was in an abusive relationship and had to move to another city to avoid harm. That if the abuser finds them because of this commercial and harms them, you will hold the hospital responsible for whatever harm the abuser does to you and your family. (That should have some impact, since they could be held liable for significant damages.)
If your previous contacts with the police were sufficiently violent, you may be able to have the police contact the hospital, which would be even more effective. Alternatively, if a domestic violence group was involved, they might be able to help you with the hospital. If you have had no prior contact with the police or a domestic violence group, you could contact one in your area and ask for help now.
2006-09-29 07:28:32 · answer #1 · answered by rehabob 4 · 0⤊ 0⤋
If your sister and mother didn't sign release forms, then the hospital needed to post clearly visible signs around the entrance to the birthing center stating that they were filming, that entering the area meant you might be filmed and that by entering the area you were releasing them from any liability or payment to you.
If the production company they had shooting the commercial was any good, the production company's crew shot video showing that sign to prove it was posted. The video of the sign would be on the raw, unedited footage that was not used for the commercial. The hospital (through the production company) should be able to show your family or your family's attorney the video taken of the sign and the raw footage that follows (proving that sign was up on the same day your family was at the birthing center).
If all of the above is the case, then you do not have a lawsuit. It doesn't matter if your family didn't see the sign or asked not to be filmed. By entering that area, your sister and mother gave consent to have their likenesses used in any way the hospital saw fit.
If the hospital or their production company didn't post a sign or have your sister and mother sign release waivers, then your family has a potential lawsuit against the production crew and hospital.
2006-09-27 04:01:55 · answer #2 · answered by mistryl_jade 3 · 0⤊ 0⤋
This is a complicated issue you present. I am a paralegal, not an attorney, so don't rely upon what I'm about to tell you as official legal advice. This is only my opinion.
First, consider this: The event your family attended was somewhat a public event. You have to expect at a public event a possibility of a camera being present. You "assume a risk" of being taped in a public place or at a public/promotional event.
Secondly, if there was a camera present at this event, and if your family knowingly stayed at the event, even after a request not to be taped, they still "assumed a risk."
My limited legal knowledge tells me that the hospital was mindful of these cameras, and moreover, was mindful of privacy rights. You don't have a reasonable expectation of privacy when you attend a public/promotional event.
Lastly, I would first call an administrator at the hospital and tell them your situation. I would be willing to bet that they would be sympathetic to your situation. Letting them know that you are surreptitiously trying to hide from an abusive person within the community would probably tug at their heart strings. They would possibly delete the scene within the commercial in order to protect you limited privacy rights in this situation.
You are also urged to contact a licensed attorney in your area, if after you don't get the expected help from the hospital officials. Although don't think I'm wrong, I cound be? Hope this helps, and congraduations to you and your family on a new addition to the family.
2006-09-27 04:03:03 · answer #3 · answered by William N 2 · 0⤊ 0⤋
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation. If you sign up today you can ask your question tomorrow.
I wish you the best of luck.
http://www.getprotectedhere.com
2006-09-27 11:13:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
File a case against the person taking the recording since your family did not consent to the taking of the video.
2006-09-27 05:18:26 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Fact is, If she did not want to be photographed, she should not have put herself into that position. If I were the photo hog I get her best side and run her myself. Their are no laws against taking pictures of people, do you really think their should be!
2006-09-27 02:52:08 · answer #6 · answered by Anonymous · 1⤊ 1⤋
yes to have your face used you would have had to sign a waiver. If you were not afforded the option you rights have been violated. Call a local legal aid society
2006-09-27 02:49:30 · answer #7 · answered by swami242 3 · 0⤊ 2⤋
Get an Attorney - Act Now!
2006-09-27 03:56:03 · answer #8 · answered by letsgotowashdc 1 · 0⤊ 1⤋
When you entered, you gave your consent to be videotaped. You have no case.
2006-09-27 03:02:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋