 Can a filmmaker use your image and likeness in a documentary film that grossed over $1 million without your permission? This is something I really need to know.
Filmmaking / Directing : Production curiosity by Preston Bluiett
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It's impossible to answer without knowing all the facts. But if the doc was released on any platform that generated such gross revenue, then it's highly likely that the production was cleared and insured. That means any risk of violating someone's privacy or publicity rights was considered to be low. For example, the image may have been captured while the subject was in a public area with no expectation of privacy. Or the production may have posted signs warning that the area was being used for filming. But this is in no way legal advice. Always consult a lawyer promptly if you believe you have any potential claim.
Preston Bluiett They can do anything they want. But whether there will be negative consequences to the use of the likeness depends on a lot of things. The "law" if it can be said to apply, the details of the "claim" if one is made against them at all, the strategy they use to respond to said potential claim... what happens in court.... you get the picture.
A grey area cos we don’t know the full facts. Even as a low budget Indie director I know I’m not allowed to film a member of the public for commercial reason without their permission. Even simple crowd scenes need prior approval, consent and signing of actors. In what context did your physical appearance find it’s way into a documentary film? Nobody has the right to point and shoot a camera just because they can.