Extra Credit: The Target in Clifton knows that Teresa Guidice is a frequent shop

Question

Extra Credit: The Target in Clifton knows that Teresa Guidice is a frequent shopper. The manager of the store has approached her in the past about potentially doing a PR/promotional event for the store but Teresa has wanted nothing to do with it. On Teresa's last visit, the manager cleverly decides to take a picture of Teresa in the store.The manager blows the picture up into a poster size version of the picture and hangs it up in the front of the store. Has the manager committed a tort? If so, which one? Explain why? (5 pts)

Explanation / Answer

Ans 1: Yes the manager has committed a tort as follows:

“Using someone's image without his /her permission will fall under the statutory right of publicity and the common law of invasion of privacy causes of action. The resulting damages claimed could be up to $ 10,000.00 per violation. It is important for a business to sign a well-drafted model release with a model, actor, or any person image they are using or planning to use in the promotion of their product or service.”

“According to the statutory right of publicity a person shall not use any aspect of an individual for commercial purposes, during the lifetime of the individual”. It could include his image, voice, likeness, signature, distinctive appearance etc.

Commercial use is defined as for fundraising, advertising, promotion of a product place or service, or on a product.

Here he has used her image to:

1. Promote the store

2. Without her knowledge

3. Without her formal approval.

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