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Rights To Name, Likeness, Stories etc in Scholarship/Foundation
milehigh
Registered User regular
Registered User regular
Ok....I keep coming back here, this thread is a follow up to this thread:
http://forums.penny-arcade.com/discussion/178106/so-follow-up-on-ex-gf-issues-and-being-harrassed#latest
So, my ex, who's bordered on stalking, has just sent me an email saying she intends to setup a scholarship in my deceased stepfathers name (as well as the name of the child she claimed she miscarried who I supposedly fathered despite it being physically impossible, see earlier threads for details...)
Anyways, she says she's planning on using stories/materials/pictures she got from him (I recently received a letter she claimed was hand written by him and was to be given to me, but after comparing handwriting was undoubtably forged, additionally it painted her as an angelic figure who I'd be lost without....shit has gotten out of control).
I'd initially committed to abstaining from all contact of ALL forms, however this revelation has greatly upset both me, and even moreso my mother. My Mom knows this is all lies, and the fact that it's come this far is incredibly insulting and disrespectful to our entire family. All this is more troubling because she doesn't have many stories/materials from my stepdad, so I don't trust anything she published would actually be valid.
All that said my family is wondering what methods we may have to stop this from occurring since she was in no way related to this man, and there's no evidence that a miscarriage or pregnancy ever occurred. I know this isn't a legal advice thread, but any thoughts on how to proceed (along with what type of lawyer I actually WOULD consult), would be greatly appreciated. Thank you so much for any help, this has stressed me out to such a degree it's ridiculous (We've been apar for almost exactly one year now...Anyways thanks again!
http://forums.penny-arcade.com/discussion/178106/so-follow-up-on-ex-gf-issues-and-being-harrassed#latest
So, my ex, who's bordered on stalking, has just sent me an email saying she intends to setup a scholarship in my deceased stepfathers name (as well as the name of the child she claimed she miscarried who I supposedly fathered despite it being physically impossible, see earlier threads for details...)
Anyways, she says she's planning on using stories/materials/pictures she got from him (I recently received a letter she claimed was hand written by him and was to be given to me, but after comparing handwriting was undoubtably forged, additionally it painted her as an angelic figure who I'd be lost without....shit has gotten out of control).
I'd initially committed to abstaining from all contact of ALL forms, however this revelation has greatly upset both me, and even moreso my mother. My Mom knows this is all lies, and the fact that it's come this far is incredibly insulting and disrespectful to our entire family. All this is more troubling because she doesn't have many stories/materials from my stepdad, so I don't trust anything she published would actually be valid.
All that said my family is wondering what methods we may have to stop this from occurring since she was in no way related to this man, and there's no evidence that a miscarriage or pregnancy ever occurred. I know this isn't a legal advice thread, but any thoughts on how to proceed (along with what type of lawyer I actually WOULD consult), would be greatly appreciated. Thank you so much for any help, this has stressed me out to such a degree it's ridiculous (We've been apar for almost exactly one year now...Anyways thanks again!
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As well as whoever is in charge of his estate. Those are the people who can determine the answers and file restraining orders and all those other happy little legal things that make crazy people go away.
If you want to send a cease and desist letter or something, you'd want to talk to a lawyer who knew something of rights to publicity and identity. I would start with a probate lawyer and get a referral from there. If you are in NY or CA it would be easy to identify a lawyer with entertainment clients who would know these issues best. A protracted legal proceeding is a great way for her to get your attention and keep it.
If there was a way I could triple-agree both this and Bowen's post I would. Lawyer, ASAP for a cease and desist. In all actuality it could even be argued that if she did in fact try something like that it could be a form of fraud. But IANAL so go out and get one. And when you do, make sure to have ANY documentation with you from her with regards to this.
But fuck you — no, fuck y'all, that's as blunt as it gets"
- Kendrick Lamar, "The Blacker the Berry"
That's why it's important that the first response come from a lawyer.
Rock Band DLC | GW:OttW - arrcd | WLD - Thortar
Unfortunately, hearing from your lawer is still a reaction.
The Gift of Fear is a great book to read for how to deal with stalkers. (and it's a fairly short book, too)
But fuck you — no, fuck y'all, that's as blunt as it gets"
- Kendrick Lamar, "The Blacker the Berry"
And on the plus side of a formal response, it continues the paper trail you have started.
But fuck you — no, fuck y'all, that's as blunt as it gets"
- Kendrick Lamar, "The Blacker the Berry"