Rights of Publiciity
 

Too late to contact a lawyer, got to find some information about this tonight.

Somebody took a photo of my girlfriend and I in a public location. We have received word from sources of the "magazine" (a small town-wide publication) that they will use the photo in their magazine for PDA examples.

The magazine is for profit ($1 a pop), which makes me think that I can either (and would prefer) have them not use the photo, 2) request profits.

Basically I don't want them to use my photo, but I rather be enlighten on the subject rather than walking into the office tomorrow saying

"hey.. you can't do that.."

Thanks.

Man, you gotta post pics of your girlfriend naked if you want people to give you legal advice. Don't be a fucking newb, here with it :jerkoff

quoted for the truth :winkwink:

I was thinking more of flying the person with the best answer over and seeing for yourself.

You set your standards low.

Bump????

Right of Publicity is complicated.

4 Points:

-Mainly it applies to the use of a name/likeness of a celebrity. You and your girlfriend aren't celebrities, so you don't really have the right to control somebody reprinting a picture of you in a public place. The theory is that you were out in public, so people saw you, there's no harm if people are seeing you again in a picture.

-Also it's more like somebody selling your picture on a t-shirt, coffee mug, backpack, etc. Now they are selling your image. They aren't really selling your image in the magazine, or to put it another way, your image isn't selling the magazine, so it wouldn't really matter if it were for profit. The magazine is selling the news, not your image.

-Journalists may have an independent right to report the news. The public's right to know can trump your right to privacy, especially if you are in a public place. This would be decided by a Court.

-Different states have different laws related to this issue. Some have no laws, and some have complicated laws and extensive bodies of litigation related to this issue, but most of them focus on celebrities + actual commercial use of the "likeness". I don't know what state you are in to say specifically what the law is there.

You can ask them nicely and maybe they will consider it (or not). But if they are using your photo in promotional materials of the magazine, then you will have a stronger argument.

:1orglaugh:1orglaugh:1orglaugh

The only thing you can do is politely ask them to not use the photo since you were in a public place with no expectation of privacy.

This is like how a travel magazine can take photos of a beach without having everyone there sign off on it.

You could threaten to get a lawyer involved. If it is a tiny operation they probably don't want any drama over some stupid story, but if they have been around awhile they will call your bluff. The media protects their rights more than anyone else.