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Taking someones photo and using it for a flyer.

 
 
hkhutch
 
Reply Sun 3 May, 2009 03:20 pm
So I have a question.Last year my gf and her sister and a freind went to a fair here in are state.Well this year the new flyers came out and on the front page was a picture of the 4 of us at the fair from last year.My question is can they legally take are picture and post it for there fair without asking are permisson to do so?I know legal they can take are picture in a public place, but to use it for there fair without asking us kinda feels like they invaded are privacy.
Any help would be great thanks!
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Type: Discussion • Score: 4 • Views: 3,147 • Replies: 16
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boomerang
 
  1  
Reply Sun 3 May, 2009 03:48 pm
I'm not a lawyer but I do know that "public space" has a very different definition legally than most people think. Since you had to buy a ticket to get into the fair, the fair is probably considered a private place, that welcomes the public (train stations, shopping malls, all kinds of places are like that -- privately owned land/buildings that the public can enter).

My guess is that there is some implicit contract when you buy and use the ticket that you allow photos to be taken and used at the event-throwers discretion.
ossobuco
 
  1  
Reply Sun 3 May, 2009 05:19 pm
@boomerang,
I don't know, Boom. The fairs I've been to or had my art in have each been county run, as opposed to state - but they seem like public places to me.
Perhaps a legal mind will see this question..
0 Replies
 
ehBeth
 
  1  
Reply Sun 3 May, 2009 06:24 pm
@hkhutch,
Did you have to buy a ticket to get into the fair?
0 Replies
 
sullyfish6
 
  0  
Reply Sun 3 May, 2009 06:25 pm
The purpose of the flyer was to promote the fair. That makes it a selling tool.

Did you know you were beng photographed; did you pose for the picture?
That may be implied consent. Are you sure you didn't give permission?

I'd be concerned, too, and would contact the fair officials and tell them that they don't have permission to use my photo in thier promotions. You really needed to sign a release.
ossobuco
 
  1  
Reply Sun 3 May, 2009 06:32 pm
@sullyfish6,
I'm so far agreeing with sully. People making movies need to get releases. That probably breaks down in real life that isn't part of the film industry.
Rockhead
 
  1  
Reply Sun 3 May, 2009 06:45 pm
I had to get releases before I could use vehicle or personal pictures for promotional purposes, I would read the fine print on the ticket and / or at the venue.

car shows are my only exposure.

(no fair experience)
ossobuco
 
  1  
Reply Sun 3 May, 2009 07:33 pm
@Rockhead,
RH, I am guessing this was a dumb mistake by someone with no clue.
Await legal smarts..
ossobuco
 
  1  
Reply Sun 3 May, 2009 07:39 pm
@ossobuco,
Ah, all sorts of things are going on in the art world re "appropriation", which is, to me, some times, outright stealing of someone's imagery, not just borrowing. See re Richard Price (I think that's the name). And we have the talented Banksy violating personal property with acclamation. And even I like Banksy.

Stealing faces of people walking about? Interesting question. Me, I've some people in my best photos, and I've sold some of my photos.


ehBeth
 
  1  
Reply Sun 3 May, 2009 07:46 pm
@ossobuco,
The itsy-bitsy fine print on baseball tickets we used last year told us that by using the tickets to get into the game we were giving up our rights to any use of images of us taken at the facility. Similar notices on the back of a number of tickets I've used in the past couple of years. Sometimes there are just notices to go to websites or to read other documentation. The fine print fairies can be very tricky.
ossobuco
 
  1  
Reply Sun 3 May, 2009 07:46 pm
@ossobuco,
Back on the tickets. I don't remember any large whohah on tickets for the county fair..
0 Replies
 
ossobuco
 
  1  
Reply Sun 3 May, 2009 08:02 pm
@ehBeth,
Our posts crossed, ehBeth.

Let's assume tickets do that in general..

That's a tad bothersome as a concept on its own. But that explanation might answer the question for this thread poster.
ossobuco
 
  1  
Reply Sun 3 May, 2009 08:04 pm
@ossobuco,
I still am qualmy, even if the ticket thing is dominant, legally. Putting your image amongst many, I can get. Using it for promotion? Seems crossing a line.
ossobuco
 
  1  
Reply Sun 3 May, 2009 08:07 pm
I dunno, if I were the poster, I'd be all over it. Of course, I might be wrong, re legality.
ossobuco
 
  1  
Reply Sun 3 May, 2009 08:19 pm
@ossobuco,
Mmm, memories. I was photographed watching a demonstration of a guy making wooden clogs - in a department store just north of Chicago, by someone at the Evanston Review. There I was in a sort of giant to me photo. I looked awful, to myself, at twelve. I, gawky, was wearing a plaid coat with some faux lining and a wooly hat, and was staring at the clogs quite stupidly. It was deeply embarrassing to me, back then. (Harder to embarrass me now).

I guess I was both out in public and on private property (was it Marshall Fields or Wieboldts?) . I'd be interested in the edges of this, certainly not re that old dummo photo, but re the issues.
0 Replies
 
ossobuco
 
  1  
Reply Sun 3 May, 2009 08:24 pm
@ossobuco,
ossobuco wrote:

I still am qualmy, even if the ticket thing is dominant, legally. Putting your image amongst many, I can get. Using it for promotion? Seems crossing a line.


Um, and that is why I don't put my photos on some sites, so far. There seems to be a pump one loses control of. I have a few charmers and don't want them absconded. Which leaves me puzzled, at least re those in that category.
0 Replies
 
hkhutch
 
  1  
Reply Mon 4 May, 2009 12:04 am
no, we actually didn't buy tickets to get in ,the fair was just held in the town and you just show up buy tickets to rides and etc.. but no ticket to get to it.Also we didn't pose for this didn't even know it happened till this year.
0 Replies
 
 

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