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xfactor
11-17-2008, 10:11 AM
Hey Guys/Girls-
I had something come up yesterday and I was wondering how I should approach it. RedXtreme and I had a picture taken in Hawaii at the Pro Bowl in which the photogragher it profitting pretty well from. He has sold it to Maxim Magazine and now to Hellsberg Diamond/KC Star. My question is I know that a public domain photo can be sold by the photographer but that photographer sold it to Hellsberg Diamond who turned that into advertisement. The problem is I haven't given anyone permission to use photo for anything and especially not to a company making money off an image of us. I looked up laws on this and from what I'm understanding you can use a photo in editoral but not advertising without permission. Any thoughts?

Dartgod
11-17-2008, 10:17 AM
My advice?





Consult a lawyer, not the morons that inhabit this place.

Goapics1
11-17-2008, 10:18 AM
My advice?





Consult a lawyer, not the morons that inhabit this place.

Best advice ever.

seclark
11-17-2008, 10:18 AM
he went to jareds.
sec

StcChief
11-17-2008, 10:26 AM
See a Lawyer

xfactor
11-17-2008, 10:31 AM
I agree, I just wanted a few other advise, I didn't think anything about it until people said that ain't right. Basically you are endorsing them without permission. My buddy said do you think they would put an ad with Tony G on it without him getting paid or at the very least compensated somehow? I know there are lawyers on these boards so I was just wondering if I should leave it alone or contact my lawyer? I love to hear others views if that is alright for a company to do that?

My advice?





Consult a lawyer, not the morons that inhabit this place.

StcChief
11-17-2008, 10:33 AM
well then Paging . Amnorix , Hoover

58-4ever
11-17-2008, 10:36 AM
My advice... don't get legal advise from ChiefsPlanet members. Also, I remember you from myspace Chiefs groups. More advice from my experiences talking to you: I hope you've matured a lot or this place will eat you alive.

Jilly
11-17-2008, 10:38 AM
Don't you put yourself in this position when you decide to wear costumes and pose for pictures as a "celebrity"? I mean, my advice would be to not dress up and allow people to take pictures of you if you're that concerned.

BigRedChief
11-17-2008, 10:39 AM
My advice... don't get legal advise from ChiefsPlanet members. Also, I remember you from myspace Chiefs groups. More advice from my experiences talking to you: I hope you've matured a lot or this place will eat you alive.
x-factor is a cool dude.

Ty, PM Banyon for his opinion.

RJ
11-17-2008, 10:40 AM
I never make a decision regarding legal matters without first consulting ChiefsPlanet.

You might want to PM Zach, he knows everything there is to know about serving legal papers.

Nzoner
11-17-2008, 10:50 AM
Show me the money!!

Dave Lane
11-17-2008, 10:51 AM
I agree, I just wanted a few other advise, I didn't think anything about it until people said that ain't right. Basically you are endorsing them without permission. My buddy said do you think they would put an ad with Tony G on it without him getting paid or at the very least compensated somehow? I know there are lawyers on these boards so I was just wondering if I should leave it alone or contact my lawyer? I love to hear others views if that is alright for a company to do that?

THey are not allowed to use your image without signing a consent form. If its "generic" ie a crowd shot you are not due compensation but a for profit shot of just you two yes you are entitled to compensation. Need to see the pic though, to see what you are talking about for sure. Did you sign any release?

xfactor
11-17-2008, 10:55 AM
My advice... don't get legal advise from ChiefsPlanet members. Also, I remember you from myspace Chiefs groups. More advice from my experiences talking to you: I hope you've matured a lot or this place will eat you alive.

Don't worry brother no one is going to eat me, I've had similar things hear where people feel I spam cause I'm trying to get info out about charity events or Chiefs parties.

Don't you put yourself in this position when you decide to wear costumes and pose for pictures as a "celebrity"? I mean, my advice would be to not dress up and allow people to take pictures of you if you're that concerned.

I never have a problem of people taking pictures with me, I love seeing the smiles especially all the kids. The thing that concerns me is that companies are making money off of an image of me without first asking. Chances are if they would have asked I would have said sure do it. Put yourself in my shoes what would be your attitude if it happened to you.

x-factor is a cool dude.

Ty, PM Banyon for his opinion.

Thank you brother, i will do that!!

Nzoner
11-17-2008, 10:55 AM
The problem is I haven't given anyone permission to use photo for anything and especially not to a company making money off an image of us.

Yeah,seeing your pic in your outfit makes me want to run right out and buy the mrs a diamond for our anniversary :D

tomahawk kid
11-17-2008, 10:58 AM
Don't you put yourself in this position when you decide to wear costumes and pose for pictures as a "celebrity"? I mean, my advice would be to not dress up and allow people to take pictures of you if you're that concerned.

This.

Phobia
11-17-2008, 10:58 AM
My advice is to cease putting yourself into public areas where a photog is gonna be able to capture you and Tim in compromising positions such as the liplock depicted in this picture. This one isn't going away, dude. As if the tights weren't enough of a clue, the embrace and tongue will leave no doubt.

StcChief
11-17-2008, 11:01 AM
Super Fans makes a great picture of NFL..... It's media and 15 minutes of fame. Enjoy it or get out of it....

|Zach|
11-17-2008, 11:03 AM
If you can clearly identify yourself in the photo and it is being used for commercial gain without any kind of "model consent" release what the photographer is doing is illegal. Period.

The photographer has the right to take those pictures left and right as long as you don't have a reasonable expectation of privacy but when it comes to an image the photog can profit from the game totally changes. That person needs a release form (they are really simple) giving them permission to use that photo of you for the form intended.

Demonpenz
11-17-2008, 11:09 AM
I hope you sue and get a zillion dollars. Xfactor Mitsubishi eclipse 1993 forever

Rain Man
11-17-2008, 11:11 AM
I'm not a lawyer, but I once took the LSAT. I see that celebrities can block their images from being used in ads, and if you're recognizable enough that people know who you are, then you're a celebrity, even if people don't know your name.

However, if you complain they'll just pull the ad and you won't make money. What you need to do is go to a competitor and offer to do an ad for pay complaining about how other jewelers are thieves and you always buy your diamonds at the XXX Jewelers, "where they won't steal a man's face and they won't steal his savings either."

Nzoner
11-17-2008, 11:13 AM
Being in the ad business I'd really like to see the ad and the angle they're taking.Are they like the X-Factor of jewelers?

Bob Dole
11-17-2008, 11:20 AM
Being in the ad business I'd really like to see the ad and the angle they're taking.Are they like the X-Factor of jewelers?

The copy underneath the photo reads:

Helzberg.

Because you're not these guys.

StcChief
11-17-2008, 11:21 AM
I'm not a lawyer, but I once took the LSAT. I see that celebrities can block their images from being used in ads, and if you're recognizable enough that people know who you are, then you're a celebrity, even if people don't know your name.

However, if you complain they'll just pull the ad and you won't make money. What you need to do is go to a competitor and offer to do an ad for pay complaining about how other jewelers are thieves and you always buy your diamonds at the XXX Jewelers, "where they won't steal a man's face and they won't steal his savings either." I like this angle alot, but talk to a lawyer.

Nzoner
11-17-2008, 11:23 AM
The copy underneath the photo reads:

Helzberg.

Because you're not these guys.

bada bing

xfactor
11-17-2008, 11:23 AM
The photo is a full page ad so whatever the size of a star ad is 36in by 24in? Then photoshoped on is the phrase "She knows how much you love the Chiefs, Now show her how much you love her."

Dave Lane
11-17-2008, 11:25 AM
The photo is a full page ad so whatever the size of a star ad is 36in by 24in? Then photoshoped on is the phrase "She knows how much you love the Chiefs, Now show her how much you love her."

How featured are you in it? Just the 2 of you or crowd scene?

Dartgod
11-17-2008, 11:28 AM
The copy underneath the photo reads:

Helzberg.

Because you're not these guys.
ROFL

Nzoner
11-17-2008, 11:31 AM
The copy underneath the photo reads:

Helzberg.

Because you're not these guys.


I can think of a few Bash pics they could use with the copy

For putting up with you....she's worth it

Rain Man
11-17-2008, 11:35 AM
I thought it would be "You know he loves the Chiefs. If you screwed him as much as they did, maybe he'd buy you a diamond."

Nzoner
11-17-2008, 11:36 AM
I thought it would be "You know he loves the Chiefs. If you screwed him as much as they did, maybe he'd buy you a diamond."

ROFL

xfactor
11-17-2008, 11:51 AM
If you can clearly identify yourself in the photo and it is being used for commercial gain without any kind of "model consent" release what the photographer is doing is illegal. Period.

The photographer has the right to take those pictures left and right as long as you don't have a reasonable expectation of privacy but when it comes to an image the photog can profit from the game totally changes. That person needs a release form (they are really simple) giving them permission to use that photo of you for the form intended.

Thanks brother this makes a lot of sense and no we didn't sign anything unless the photographer came with the angle that he wanted our autograph.

I like this angle alot, but talk to a lawyer.

I'm not out for blood, Helzberg is a great sponsor for the Chiefs and I wouldn't ever upset the apple cart in any aspect.

How featured are you in it? Just the 2 of you or crowd scene?

The picture of us is of RedXtreme and myself on the side of a Chiefs fan we met in Hawaii wearing a DT jersey. It is the exact same photo that was in Maxim magazine, some here posted the picture when it first came out in Maxim in September, this photo is huge though in the Star.

StcChief
11-17-2008, 11:56 AM
I'm not out for blood, Helzberg is a great sponsor for the Chiefs and I wouldn't ever upset the apple cart in any aspect. I know but they are ripping off the "superfans" image for their gain.... They should be forced to buck up. Something reasonable using your Chiefs celeb status...

btw you looked good on TV yesterday. looked like a great day to be at Arrowhead. Despite the outcome.

xfactor
11-17-2008, 12:13 PM
I know but they are ripping off the "superfans" image for their gain.... They should be forced to buck up. Something reasonable using your Chiefs celeb status...

btw you looked good on TV yesterday. looked like a great day to be at Arrowhead. Despite the outcome.

I agree brother, I always let people, charity organizations, media outlets, or anyone that asks use any picture of me without ever asking for compensation. The key is people always ask or are gaining nothing finacially. Charity events gain finacially but they always ask and I have never charged a charity a penny for any of my services.

Thanks for the compliment brother, it was a perfect day at Arrowhead for November, it was a little cold at 6am though with the wind but it turned out to be a perfect day!!

Bwana
11-17-2008, 12:53 PM
My advice?





Consult a lawyer, not the morons that inhabit this place.

This

88TG88
11-17-2008, 01:13 PM
Just by chance is it this pic

xfactor
11-17-2008, 01:24 PM
Just by chance is it this pic

No not that photo brother, that one though made some photographer some coin though cause it was used by a bunch on media outlets.

xfactor
11-17-2008, 01:27 PM
I've never done this before, here is the thread with the picture that was in Maxim.

http://www.chiefsplanet.com/BB/showthread.php?t=188984&highlight=maxim

Jilly
11-17-2008, 01:39 PM
ha ha!!!!!!!!!!!!!!!!!!!!! I love it

Hog Farmer
11-17-2008, 01:48 PM
This exact same thing has happened to me. A few years back I was giving a class on Boar semen collection techniques and within the group of students was one of them taking video. Well, One day when I was looking through Boar Stud Magazine I saw myself on a full page ad. It showed me with a Boar mounted and I had his ying yang out and was doing my thing. And under the picture the caption said:

"Don't be this guy , get help Now!"

It was an advertisement for chronic masturbaters anonymous!

I immediately contacted a lawyer. The bottom line was they didn't have permission to use me in the ad. I never signed anything. AND I sued them for slander and defamation.

burt
11-17-2008, 02:13 PM
I can think of a few Bash pics they could use with the copy

For putting up with you....she's worth it

Hey.....was that a jab at me?

Nzoner
11-17-2008, 02:15 PM
Hey.....was that a jab at me?

If the shoe fits...... :D

Dave Lane
11-17-2008, 02:41 PM
I've never done this before, here is the thread with the picture that was in Maxim.

http://www.chiefsplanet.com/BB/showthread.php?t=188984&highlight=maxim

If the eyes are blacked out or faces blurred or some attempt is made to protect your identity you will have a much tougher time making a case for compensation. JMO

Dave

B_Ambuehl
11-17-2008, 02:53 PM
Be a man not a pussy. I bet one of the reasons you dress up like a clown is for the attention. If you've ever been shown on TV before I bet you pointed it out to your friends and thought it was cool, but I bet you didn't call up the networks and sue them. Why not? Because that would be f'in stupid. Same deal here. Do you really think it would make a difference whether they used your picture or some other picture? Your type of attitude is exactly what's wrong with today's society. You can't take a piss without a bunch of dorks wanting to call their lawyers and sue you. You're supposed to be a football fan. Act like one.

xfactor
11-17-2008, 02:54 PM
If the eyes are blacked out or faces blurred or some attempt is made to protect your identity you will have a much tougher time making a case for compensation. JMO

Dave

The one in the star doesn't have anything like this maxim photo to hide our
idenity, it actually makes it easier by making us so big.

Duck Dog
11-17-2008, 03:14 PM
Be a man not a pussy. I bet one of the reasons you dress up like a clown is for the attention. If you've ever been shown on TV before I bet you pointed it out to your friends and thought it was cool, but I bet you didn't call up the networks and sue them. Why not? Because that would be f'in stupid. Same deal here. Do you really think it would make a difference whether they used your picture or some other picture? Your type of attitude is exactly what's wrong with today's society. You can't take a piss without a bunch of dorks wanting to call their lawyers and sue you. You're supposed to be a football fan. Act like one.

His pic isn't being used for entertainment purposes it's being used to sell a product.

seclark
11-17-2008, 03:15 PM
You're supposed to be a football fan. Act like one.

ROFL

Sully
11-17-2008, 03:16 PM
Interesting fact, x...
Your arrowhead foam hat?
I was the first person to buy one of those...ever...

Phobia
11-17-2008, 03:21 PM
Interesting fact, x...
Your arrowhead foam hat?
I was the first person to buy one of those...ever...

Please post the interesting fact now.

kstater
11-17-2008, 03:21 PM
Be a man not a pussy. I bet one of the reasons you dress up like a clown is for the attention. If you've ever been shown on TV before I bet you pointed it out to your friends and thought it was cool, but I bet you didn't call up the networks and sue them. Why not? Because that would be f'in stupid. Same deal here. Do you really think it would make a difference whether they used your picture or some other picture? Your type of attitude is exactly what's wrong with today's society. You can't take a piss without a bunch of dorks wanting to call their lawyers and sue you. You're supposed to be a football fan. Act like one.

:spock:

Valiant
11-17-2008, 04:23 PM
Hey Guys/Girls-
I had something come up yesterday and I was wondering how I should approach it. RedXtreme and I had a picture taken in Hawaii at the Pro Bowl in which the photogragher it profitting pretty well from. He has sold it to Maxim Magazine and now to Hellsberg Diamond/KC Star. My question is I know that a public domain photo can be sold by the photographer but that photographer sold it to Hellsberg Diamond who turned that into advertisement. The problem is I haven't given anyone permission to use photo for anything and especially not to a company making money off an image of us. I looked up laws on this and from what I'm understanding you can use a photo in editoral but not advertising without permission. Any thoughts?

No idea.. Read somewhere though if you are in public, you are fair game..

Valiant
11-17-2008, 04:28 PM
This exact same thing has happened to me. A few years back I was giving a class on Boar semen collection techniques and within the group of students was one of them taking video. Well, One day when I was looking through Boar Stud Magazine I saw myself on a full page ad. It showed me with a Boar mounted and I had his ying yang out and was doing my thing. And under the picture the caption said:

"Don't be this guy , get help Now!"

It was an advertisement for chronic masturbaters anonymous!

I immediately contacted a lawyer. The bottom line was they didn't have permission to use me in the ad. I never signed anything. AND I sued them for slander and defamation.


LOL..

I am not sure If I want it to be true or not..

Ebolapox
11-17-2008, 04:42 PM
heh, x, you aren't supposed to type 'brother' over and over unless you're black. and you clearly aren't. we white folks can use 'brah' with no recourse. I recommend you start using that, brah. and post pictures of your sweet integra.

Ebolapox
11-17-2008, 04:43 PM
the only white dudes who gets away with 'brother' and/or 'bro' are hulk hogan and jdprez. and they both look like clowns when they use it, brah.

Ari Chi3fs
11-17-2008, 04:49 PM
Wow.






TAGS: Hog Farmer Jerks Corkscrews, XFactor is teh gh3y Superman, Bro, EBROLA

Ebolapox
11-17-2008, 04:50 PM
Wow.






TAGS: Hog Farmer Jerks Corkscrews, XFactor is teh gh3y Superman, Bro, EBROLA

BROTHER!

http://www.tvgasm.com/newsgasm/baby_hulk-hogan.jpg

banyon
11-17-2008, 06:44 PM
Hey Guys/Girls-
I had something come up yesterday and I was wondering how I should approach it. RedXtreme and I had a picture taken in Hawaii at the Pro Bowl in which the photogragher it profitting pretty well from. He has sold it to Maxim Magazine and now to Hellsberg Diamond/KC Star. My question is I know that a public domain photo can be sold by the photographer but that photographer sold it to Hellsberg Diamond who turned that into advertisement. The problem is I haven't given anyone permission to use photo for anything and especially not to a company making money off an image of us. I looked up laws on this and from what I'm understanding you can use a photo in editoral but not advertising without permission. Any thoughts?

What you have is a tort claim called "unauthorized use of likeness for a commercial purpose". Sometimes, this is phrased that they have violated your "rights of publicity" (your right to control the commercial use of your name or likeness). The elements that you would need to prove at trial would be 1) That the Defendants used your name or likeness, 2) for a commercial or exploitative purpose and, 3) they did not have your permission.

There are some limitations on your ability to make this type of claim. If you are seen as too big a celebrity, then it is sometimes argued that you have no privacy interest in your image (this is the minority of states' view and with the money at atake will probably soon disappear completely). If you are not a celebrity then it is sometimes argued that you have no rights of publicity because your likeness has no value (this is also a minority of state's views and seems to be shrinking).

It appears Missouri does recognize this right (http://www.ncsl.org/programs/lis/privacy/publicity04.htm)(in the common law tradition of the courts, but not explicitly by statute) and the fact that the use in this case (to help sell diamonds) is so obviously and completely profit oriented, if I were a MO civil atty, my ears would perk up and I'd want to hear the details.


I'm not going to say that you have a viable case, that, as others have suggested here is something that you should talk to a local attorney of your choice about. But you SHOULD take the time (and if necessary an hour or two's worth of a consulting fee from @ $120-$300) to have the case properly evaluated. There are many more questions I would have (calculating potential damages and costs of litigation would be tricky I would think), but it seems to me like a case where you might net some decent settlement that might help you out with some bills for a while.

In any event, if you had to take it to trial, I would love empanelling that jury. Chiefs fan v. Diamond Merchant. It's almost as good as the one case i had one time with "little old lady with dog with amputated leg v. Fed Ex".

This is a pretty good link I found with some more general info:

http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another

KcFanNindy
11-17-2008, 06:44 PM
Don't worry brother no one is going to eat me, I've had similar things hear where people feel I spam cause I'm trying to get info out about charity events or Chiefs parties.



I never have a problem of people taking pictures with me, I love seeing the smiles especially all the kids. The thing that concerns me is that companies are making money off of an image of me without first asking. Chances are if they would have asked I would have said sure do it. Put yourself in my shoes what would be your attitude if it happened to you.



Thank you brother, i will do that!!

Hey there X-Factor, first off i would tell you to make sure you get a copy right of your image, also you have to have a signed release to be able to use your pic.

If anyone in the near future was to use the image of yourself or others without your express written consent, then you would have legal recourse, to pursue legal action against said individual(s). Get with Wilkie on the Coalition he is a attorney, he should have the answer for you....


*****DISCLAIMER*****

Please do not assume this as legal advice, i am no lawyer!

banyon
11-17-2008, 06:46 PM
Don't you put yourself in this position when you decide to wear costumes and pose for pictures as a "celebrity"? I mean, my advice would be to not dress up and allow people to take pictures of you if you're that concerned.

Many celebrities have won these type of claims in the past. If you couldn't, I mean why pay Michael Jordan to endorse Rayovac when you can just photoshop him into your ads?

xfactor
11-18-2008, 08:58 AM
What you have is a tort claim called "unauthorized use of likeness for a commercial purpose". Sometimes, this is phrased that they have violated your "rights of publicity" (your right to control the commercial use of your name or likeness). The elements that you would need to prove at trial would be 1) That the Defendants used your name or likeness, 2) for a commercial or exploitative purpose and, 3) they did not have your permission.

There are some limitations on your ability to make this type of claim. If you are seen as too big a celebrity, then it is sometimes argued that you have no privacy interest in your image (this is the minority of states' view and with the money at atake will probably soon disappear completely). If you are not a celebrity then it is sometimes argued that you have no rights of publicity because your likeness has no value (this is also a minority of state's views and seems to be shrinking).

It appears Missouri does recognize this right (http://www.ncsl.org/programs/lis/privacy/publicity04.htm)(in the common law tradition of the courts, but not explicitly by statute) and the fact that the use in this case (to help sell diamonds) is so obviously and completely profit oriented, if I were a MO civil atty, my ears would perk up and I'd want to hear the details.


I'm not going to say that you have a viable case, that, as others have suggested here is something that you should talk to a local attorney of your choice about. But you SHOULD take the time (and if necessary an hour or two's worth of a consulting fee from @ $120-$300) to have the case properly evaluated. There are many more questions I would have (calculating potential damages and costs of litigation would be tricky I would think), but it seems to me like a case where you might net some decent settlement that might help you out with some bills for a while.

In any event, if you had to take it to trial, I would love empanelling that jury. Chiefs fan v. Diamond Merchant. It's almost as good as the one case i had one time with "little old lady with dog with amputated leg v. Fed Ex".

This is a pretty good link I found with some more general info:

http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another

Thank you so much this really help out and clarified a ton for me, I really appriciate you time!!

Hey there X-Factor, first off i would tell you to make sure you get a copy right of your image, also you have to have a signed release to be able to use your pic.

If anyone in the near future was to use the image of yourself or others without your express written consent, then you would have legal recourse, to pursue legal action against said individual(s). Get with Wilkie on the Coalition he is a attorney, he should have the answer for you....


*****DISCLAIMER*****

Please do not assume this as legal advice, i am no lawyer!

Thank you brother, I defiently feel free to call you that even though I'm been told on here not to. I will defiently hit up Wilkie on this!!

Interesting fact, x...
Your arrowhead foam hat?
I was the first person to buy one of those...ever...

Want to sell that hat, the man that made them died a few years ago, I'd pay way above what you paid for it!!

heh, x, you aren't supposed to type 'brother' over and over unless you're black. and you clearly aren't. we white folks can use 'brah' with no recourse. I recommend you start using that, brah. and post pictures of your sweet integra.

Got it BRAH

Hog Farmer
04-08-2009, 02:50 PM
How did this all turn out ?

Pestilence
04-08-2009, 03:07 PM
How did this all turn out ?

Still jerkin corkscrews?

crispystl420
04-09-2009, 05:07 PM
ROFL

LMAO!
Shit quoted wrong piost. That was classic Rainman. I give you props.