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Old 11-17-2008, 11:11 AM  
xfactor xfactor is offline
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Legal advise needed

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?
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Old 11-17-2008, 11:58 AM   #16
tomahawk kid tomahawk kid is offline
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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.
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Old 11-17-2008, 11:58 AM   #17
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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.
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Old 11-17-2008, 12:01 PM   #18
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Old 11-17-2008, 12:03 PM   #19
|Zach| |Zach| is offline
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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.
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Old 11-17-2008, 12:09 PM   #20
Demonpenz Demonpenz is offline
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I hope you sue and get a zillion dollars. Xfactor Mitsubishi eclipse 1993 forever
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Old 11-17-2008, 12:11 PM   #21
Rain Man Rain Man is offline
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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."
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Old 11-17-2008, 12:13 PM   #22
Nzoner Nzoner is offline
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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?
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Old 11-17-2008, 12:20 PM   #23
Bob Dole Bob Dole is offline
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Quote:
Originally Posted by Nzoner View Post
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.
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Old 11-17-2008, 12:21 PM   #24
StcChief StcChief is offline
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Quote:
Originally Posted by Rain Man View Post
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.
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Old 11-17-2008, 12:23 PM   #25
Nzoner Nzoner is offline
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Quote:
Originally Posted by GoBobDole View Post
The copy underneath the photo reads:

Helzberg.

Because you're not these guys.
bada bing
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Old 11-17-2008, 12:23 PM   #26
xfactor xfactor is offline
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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."
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Old 11-17-2008, 12:25 PM   #27
Dave Lane Dave Lane is offline
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Quote:
Originally Posted by xfactor View Post
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?
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Old 11-17-2008, 12:28 PM   #28
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Quote:
Originally Posted by GoBobDole View Post
The copy underneath the photo reads:

Helzberg.

Because you're not these guys.
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Old 11-17-2008, 12:31 PM   #29
Nzoner Nzoner is offline
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Quote:
Originally Posted by GoBobDole View Post
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
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Old 11-17-2008, 12:35 PM   #30
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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."
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