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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, 04:14 PM   #46
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Originally Posted by B_Ambuehl View Post
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.
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Old 11-17-2008, 04:15 PM   #47
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You're supposed to be a football fan. Act like one.
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Old 11-17-2008, 04:16 PM   #48
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Interesting fact, x...
Your arrowhead foam hat?
I was the first person to buy one of those...ever...
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Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.Sully threw an interception on a screen pass.
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Old 11-17-2008, 04:21 PM   #49
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Originally Posted by Sully View Post
Interesting fact, x...
Your arrowhead foam hat?
I was the first person to buy one of those...ever...
Please post the interesting fact now.
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Old 11-17-2008, 04:21 PM   #50
kstater kstater is offline
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Originally Posted by B_Ambuehl View Post
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.
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kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.kstater threw an interception on a screen pass.
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Old 11-17-2008, 05:23 PM   #51
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Quote:
Originally Posted by xfactor View Post
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..
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Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.
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Old 11-17-2008, 05:28 PM   #52
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Originally Posted by Hog Farmer View Post
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..
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Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.Valiant threw an interception on a screen pass.
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Old 11-17-2008, 05:42 PM   #53
Ebolapox Ebolapox is offline
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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.
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Old 11-17-2008, 05:43 PM   #54
Ebolapox Ebolapox is offline
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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.
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Old 11-17-2008, 05:49 PM   #55
teedubya teedubya is offline
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Wow.






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Old 11-17-2008, 05:50 PM   #56
Ebolapox Ebolapox is offline
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Originally Posted by Ari Chi3fs View Post
Wow.






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BROTHER!

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Old 11-17-2008, 07:44 PM   #57
banyon banyon is offline
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Quote:
Originally Posted by xfactor View Post
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 (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-gui...keness-another
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banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.
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Old 11-17-2008, 07:44 PM   #58
KcFanNindy KcFanNindy is offline
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Quote:
Originally Posted by xfactor View Post
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!
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Old 11-17-2008, 07:46 PM   #59
banyon banyon is offline
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Originally Posted by Jilly View Post
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?
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banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.banyon has enough rep power to blowy ou to bits.
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Old 11-18-2008, 09:58 AM   #60
xfactor xfactor is offline
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Originally Posted by banyon View Post
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 (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-gui...keness-another
Thank you so much this really help out and clarified a ton for me, I really appriciate you time!!

Quote:
Originally Posted by KcFanNindy View Post
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!!

Quote:
Originally Posted by Sully View Post
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!!

Quote:
Originally Posted by H5N1 View Post
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
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xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.xfactor would the whole thing.
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