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Old 03-18-2010, 03:49 PM  
justinsain
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Based on what you've said I'd say you have a case.

The reason is they used Francine's image or likeness to advertise. It's not about a stolen picture.

This cannot be done without her permission with a signed release.

At least that's the way it is in the real world. I have no idea what the rules are for the internet world

Court is costly so the best way is to find a lawyer willing to work for any damages received. The settlement would not be about lost revenue from that single picture. It would be about using her likeness and possible damages to her reputation and or her career.

Perhaps you could put up something on her site with hopes that one of her fans is also a lawyer and willing to fight the good fight without costing you more than it's worth.

BTW I'm not a lawyer or speaking from experience. Just putting in my
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