Advertising with my picture
Ken
I know there is probably nothing I can do, but I'd like to ask someone
anyhow. I worked at King's Island (an amusement park) 3 summers ago as
a lifeguard. They must have took my picture, because for the last 3
years they have used that picture in their advertising. It has been on
everything from flyers and posters, to on their web site. They never
asked my if they could use this picture.
You can see the picture here:
http://www.pki.com/jobs.jsp
I am in the big picture on the bottom left of that page.
What do you think?
Fritz M
an...@xev.net (Ken) wrote:
> They must have took my picture, because for the last 3
> years they have used that picture in their advertising. It has been on
> everything from flyers and posters, to on their web site. They never
> asked my if they could use this picture.
Privacy law in most (all?) U.S. states prohibit publishing the likeness
of a person for commercial purposes unless the individual gives his
permission.
I'm a photographer, not a lawyer, and have no idea what you could do as
far as damages mostly because I wouldn't *dream* of publishing a photo
without a model release.
RFM
--
To reply, translate domain from l33+ 2p33|< to alpha.
4=a 0=o 3=e +=t
Stuart O. Bronstein
> I know there is probably nothing I can do, but I'd like to ask
> someone anyhow. I worked at King's Island (an amusement park) 3
> summers ago as a lifeguard. They must have took my picture,
> because for the last 3 years they have used that picture in
> their advertising. It has been on everything from flyers and
> posters, to on their web site. They never asked my if they could
> use this picture.
I don't know what the laws are in Ohio. If you have a copy of your
employment agreement you may check that to see if there was a waiver
for this kind of thing.
But in general when someone uses your picture for commercial
purposes, you are entitled to be paid.
Stu
Horrigan
>years they have used that picture in their advertising. It has been on
>everything from flyers and posters, to on their web site. They never
>asked my if they could use this picture.
I assume you mean that they never asked you if they could use THIS PARTICULAR
picture :-)
They might not have to ask you for permission to use that picture. Yes, they
can not use your likeness without your permission, but this picture was taken
at your (former) workplace while you were "on thr clock."
There is a pretty high probability that one of the pieces of paperwork you
signed when you got hired contained fine print specifically authorizing them to
use your likeness in their ads.
*****
Tim Horrigan <horr...@aol.com>
*****
Ben Dover
>
> What do you think?
I think your gorgeous! ;) Kidding aside, if you don't wish your picture on
their advertising, send them a letter requesting they remove it.
webmaker
NOTE: This message was sent thru a mail2news gateway.
No effort was made to verify the identity of the sender.
--------------------------------------------------------
On a related topic, do I have permission to post without first obtaining
permission photographs of a non commercial (and not pornographic, they are
facial portarits) of someone on a website without their permission? This
is a private individual and not a public figure.
webmaker
Fritz M
> On a related topic, do I have permission to post without first
> obtaining permission photographs of a non commercial (and not
> pornographic, they are facial portarits) of someone on a website
> without their permission?
In the case of photographs of individuals, privacy can collide with free
speech protections. In the U.S., courts have ruled that when the
content is "editorial" (e.g. a newspaper), the free speech protections
trump privacy. For other non-commercial speech (e.g. a website with
photos of friends), the law gets fuzzier and depends on where you're
located.
The right thing to do is ask for permission to post the photos, even if
it's not technically required.
For additional discussion on the topic of photography, free speech, and
privacy, see:
http://www.publaw.com/photo.html
IANAL.