Chiefs Legal advise needed - Page 3

xfactor · 11-17-2008, 11:11 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?

**Nzoner** · 11-17-2008, 12:36 PM

Quote:

Originally Posted by Rain Man

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."

xfactor · 11-17-2008, 12:51 PM

Quote:

Originally Posted by |Zach|

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.

Quote:

Originally Posted by StcChief

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.

Quote:

Originally Posted by Dave Lane

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, 12:56 PM

Quote:

Originally Posted by xfactor

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, 01:13 PM

Quote:

Originally Posted by StcChief

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, 01:53 PM

Quote:

Originally Posted by Dartgod

My advice?

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

This

88TG88 · 11-17-2008, 02:13 PM

Just by chance is it this pic

xfactor · 11-17-2008, 02:24 PM

Quote:

Originally Posted by 88TG88

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, 02:27 PM

I've never done this before, here is the thread with the picture that was in Maxim.

http://www.chiefsplanet.com/BB/showt...ighlight=maxim

Jilly · 11-17-2008, 02:39 PM

ha ha!!!!!!!!!!!!!!!!!!!!! I love it

Hog's Gone Fishin · 11-17-2008, 02:48 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, 03:13 PM

Quote:

Originally Posted by Nzoner

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, 03:15 PM

Quote:

Originally Posted by T.B.A.

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

If the shoe fits......

**Dave Lane** · 11-17-2008, 03:41 PM

Quote:

Originally Posted by xfactor

I've never done this before, here is the thread with the picture that was in Maxim.

http://www.chiefsplanet.com/BB/showt...ighlight=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, 03:53 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, 03:54 PM

Quote:

Originally Posted by Dave Lane

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.

11-17-2008, 11:11 AM
xfactor Starter Join Date: May 2003 Location: Overland Park Casino cash: $10005222	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?
Posts: 587

11-17-2008, 02:13 PM	#36
88TG88 don't tell me about collage Join Date: Sep 2006 Location: Los Angeles Casino cash: $10009184	Just by chance is it this pic Attached Thumbnails
Posts: 6,274

11-17-2008, 02:27 PM	#38
xfactor Starter Join Date: May 2003 Location: Overland Park Casino cash: $10005222	I've never done this before, here is the thread with the picture that was in Maxim. http://www.chiefsplanet.com/BB/showt...ighlight=maxim __________________ Join the KCSUPERFANS in making positive changes happen in our communities throughout the Chiefs Nation. www.kcsuperfans.com
Posts: 587

11-17-2008, 02:39 PM	#39
Jilly MVP Join Date: Nov 2005 Location: Lee's Summit Casino cash: $10004925	ha ha!!!!!!!!!!!!!!!!!!!!! I love it __________________ "In most of our human relationships, we spend much of our time reassuring one another that our costumes of identity are on straight." — Ram Dass
Posts: 8,461

11-17-2008, 02:48 PM	#40
Hog's Gone Fishin Fish are scared of me Join Date: Nov 2001 Casino cash: $1700477	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.
Posts: 40,353

11-17-2008, 03:53 PM	#44
B_Ambuehl Veteran Join Date: Apr 2005 Casino cash: $9805405	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. __________________ Who's decision was it to fire Romeo" - Coleman C Hunt: "It was my decision but it was one that Scott agreed with" LOL
Posts: 2,605