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  • Don't show people pics I posed for!

    Video here.

    Text here.

    Thoughts here:
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    Sources say the Dow Jones' decline is directly related to Dethklok front-man Nathan Explosion's constant deleting of potential new albums.

  • #2
    Re: Don't show people pics I posed for!

    ... Why do the terrists hate our corned beef sandwiches?

    The article didn't really say much about why they wanted it removed and I'm fairly certain that a verbal agreement is implied when you pose for a picture with the owner of a restaurant that has many other celebrity photos displayed. Apparently the Clintons don't want to be associated with eating normal people food. I'm sure there is a Whole Foods somewhere proudly displaying some scary picture of Hillary making gnashing-teeth faces at the camera that won't be getting a subpoena this year...

    In other news : that guy kinda looks like our drummer, who only has two different poses for pictures. The "Hey look at me, I'm the drummer" sticks pointed in the air pose and the "I R SERIUS DRUMER" pose seen below.


    (dude on the left, clearly)

    // completely relevant and necessary.
    Last edited by .tritone.; 09-27-2007, 04:42 PM.

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    • #3
      Re: Don't show people pics I posed for!

      I wonder what the backstory on this one is, basically, why bother??

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      • #4
        Re: Don't show people pics I posed for!

        Well, I don't know what the underlying cause of the letter was, but:

        It was not written by a lawyer, and
        it was not written by someone representing or otherwise associated with her.

        It was just written by some guy on presidential letterhead, and I can't imagine why someone would have sent it like that.
        ---
        Sources say the Dow Jones' decline is directly related to Dethklok front-man Nathan Explosion's constant deleting of potential new albums.

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        • #5
          Re: Don't show people pics I posed for!

          I feel certain there is a kung fu movie that can be made out of this story. IM ANGRY POL HARSHING UR BIZ meets IR BRUCE LEE GOING "WHAAAAAA" UPSIDE UR HED

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          • #6
            Re: Don't show people pics I posed for!

            Originally posted by .tritone. View Post
            ...I'm fairly certain that a verbal agreement is implied when you pose for a picture with the owner of a restaurant...
            I'm fairly certain that no agreement is needed to display a photo that you took legally. If Ms. Clinton goes out in public, then she can be photographed, and the photographer can do whatever she wants with her photos.
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            • #7
              Re: Don't show people pics I posed for!

              There is a New York civil statute indicating that written permission is needed to display a picture for commercial purposes. In this case it wouldn't seem to apply for various reasons, including a 1-year statute of limitations (from when you find out about it) and the fact that this is part of a large collection inside the restaurant, as compared to a newspaper ad.

              The friend of her dad's that wrote in, though, being neither a lawyer nor HER lawyer, and writing on presidential letterhead, is a jerk with no standing, and may very well be in violation of New York laws prohibiting the practice of law by unauthorized persons.
              ---
              Sources say the Dow Jones' decline is directly related to Dethklok front-man Nathan Explosion's constant deleting of potential new albums.

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              • #8
                Re: Don't show people pics I posed for!

                Originally posted by Switchcraft View Post
                There is a New York civil statute indicating that written permission is needed to display a picture for commercial purposes.
                I'm pretty sure that statute has very little enforceability... Or does the National Enquirer not exist in the checkout lanes of every grocery store in New York like in the rest of the country?
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                • #9
                  Re: Don't show people pics I posed for!

                  I could have been more clear in my description of the statute, I suppose.

                  If the New York Times takes a picture of you, and runs a story with it, then it's like Fair Use, no? They are making commentary. If they take the same picture and, without your permission, use that as their new logo, so that every paper arrives implying that you are affiliated with and endorse their newspaper, then there is a tort, and the New York statute provides the legal remedy.
                  ---
                  Sources say the Dow Jones' decline is directly related to Dethklok front-man Nathan Explosion's constant deleting of potential new albums.

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                  • #10
                    Re: Don't show people pics I posed for!

                    "You know what this restaurant needs? MORE CHELSEA CLINTON!!!"

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                    • #11
                      Re: Don't show people pics I posed for!

                      Originally posted by Switchcraft View Post
                      I could have been more clear in my description of the statute, I suppose.

                      If the New York Times takes a picture of you, and runs a story with it, then it's like Fair Use, no? They are making commentary. If they take the same picture and, without your permission, use that as their new logo, so that every paper arrives implying that you are affiliated with and endorse their newspaper, then there is a tort, and the New York statute provides the legal remedy.
                      OK, so what if the New York Times takes a picture of someone reading their newspaper and publishes it? We agree that this is OK under the law?

                      Now, barring any further implications, what's wrong with them running that picture every day from now on? Legally, I mean... We can get into ethical implications, but I don't see what the difference is between running a photo that says "Rupert Murdoch reads the NYTimes" once and running it a bazillion times. The photo hasn't changed, they're not lying, the photo was taken legally and in public. Sure, it can be argued that the photo helps sell papers, but doesn't every single photo published do the same?

                      What if it's a part of a photo column titled "Who reads the NYT?" and they use a Rupert Murdoch photo as the logo on that column? What if they just run the photo mixed in with all the rest, but they include Rupert every single day? (That would probably be protected as satire, actually...)
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                      • #12
                        Re: Don't show people pics I posed for!

                        I think that would be a matter for a civil court to decide, Cing. Tort law is settled almost exclusively in the negotiations over the specific claim.

                        If the NYT sold lithographs of Rupert Murdoch reading their paper without his waiver, then that would be use of unlicensed imagery for profit, and pretty much an open and shut case. If they ran the photo on the opinion page for 8 weeks with an ironic caption, that would be protected speech (less so if Murdoch were not a public figure). If they launched an ad campaign centered around the photo, that would land in that grey area likely argued in court.

                        But simply stating factually that Murdoch was seen on X day reading Y paper is informational, and therefore heavily protected speech.

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                        • #13
                          Re: Don't show people pics I posed for!

                          Originally posted by CingularDuality View Post
                          OK, so what if the New York Times takes a picture of someone reading their newspaper and publishes it? We agree that this is OK under the law?

                          Now, barring any further implications, what's wrong with them running that picture every day from now on? Legally, I mean... We can get into ethical implications, but I don't see what the difference is between running a photo that says "Rupert Murdoch reads the NYTimes" once and running it a bazillion times. The photo hasn't changed, they're not lying, the photo was taken legally and in public. Sure, it can be argued that the photo helps sell papers, but doesn't every single photo published do the same?

                          What if it's a part of a photo column titled "Who reads the NYT?" and they use a Rupert Murdoch photo as the logo on that column? What if they just run the photo mixed in with all the rest, but they include Rupert every single day? (That would probably be protected as satire, actually...)
                          Your examples are all about newspapers, who also enjoy broad rights from that 1st Amendment thing, and so have established Fair Use exceptions to many different copyright issues. But that doesn't mean these laws are rarely enforced, unless you somehow think that newspapers and magazines are the only people with printers...the vast majority of commercial enterprises out there engage in forms of advertising and trade which would not fall into those exceptions.

                          New York Civil Rights Law 51 gives people a right sue over unauthorized use of "name, portrait, picture or voice ... used within this state for advertising purposes or for the purposes of trade without ... written consent."

                          This is law is there to provide an avenue to remedy for the person who walks into a store and discovers his face has been used, without permission, for years as the face of Taster's Choice coffee. That's certainly the most famous example I know of, but there are others...recently a girl well under the age of 15 found out that Virgin has been using one of her Flickr photos in an ad campaign in Australia. The image of a 14 year old girl was (NSFW)used to make the cover art of a porn dvd, that they just stole from an art site.

                          This law just protects your rights to privacy and publicity as a private citizen, and just because there seems to be a newspaper exception large enough to drive a bus through, I think it's obvious that in some cases, you might need a way to get someone to stop profiting from using your image to advertise their product.
                          Last edited by Switchcraft; 09-28-2007, 01:11 PM. Reason: The DVD cover art on that Smoking Gun page has some NSFW nipplage.
                          ---
                          Sources say the Dow Jones' decline is directly related to Dethklok front-man Nathan Explosion's constant deleting of potential new albums.

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                          • #14
                            Re: Don't show people pics I posed for!

                            Originally posted by Switchcraft View Post
                            This law just protects your rights to privacy and publicity as a private citizen, and just because there seems to be a newspaper exception large enough to drive a bus through, I think it's obvious that in some cases, you might need a way to get someone to stop profiting from using your image to advertise their product.
                            OK, so I can see that some protections are necessary and that the law is valid, but back to this specific case, is he advertising, or simply informing people of some of the celebrities that have patronized his restaurant? Is storefront signage considered "advertising" or "for the purposes of trade" like an ad on TV or a logo that is placed on every product? What if he takes it out of his front window and puts it inside his restaurant on the wall? That's certainly not advertising or for the purposes of trade. So, is the difference between having it inside on the wall and up in the front window so great that we're going to shift the rights of that photo from the owner to the subject for reasons of privacy? That's a bit of a stretch in my opinion.
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                            • #15
                              Re: Don't show people pics I posed for!

                              I agree. There is some settled NY law about it already, and I don't think that if Chelsea Clinton were to try and make these claims that she would win. However, she didn't try to make a claim. Her dad's non-lawyer friend did send a completely inappropriate letter, and that's the part I find obnoxious.
                              ---
                              Sources say the Dow Jones' decline is directly related to Dethklok front-man Nathan Explosion's constant deleting of potential new albums.

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