Guest
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 Posted:
Sun Nov 13, 2005 5:41 am Post subject:
Re: Photographing the public in public displays - Legalities |
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Roger N. Clark (change username to rnclark) wrote:
| Quote: | PTRAVEL wrote:
"Joseph Meehan" <sligojoe_Spamno@hotmail.com> wrote in message
news:%Wrcf.124431$tD4.91385@tornado.ohiordc.rr.com...
Bill Funk wrote:
On Wed, 09 Nov 2005 15:15:21 GMT, "Joseph Meehan"
sligojoe_Spamno@hotmail.com> wrote:
If you ask someone to be in the photo or even to just turn this or
that way, all bets are off.
Why?
All they can do is refuse or comply.
Generally you can still take the photo, but you may not be allowed to
display it publicly.
Why not? Commerical appropriation of likeness is precluded, as are uses
that might constitute defamation. The mere act of public display, however,
is not precluded.
How about an example? Here is a photo I took in Katmai
National Park in Alaska. The group of people was looking
at a bear. I thought the group huddled in a tight
place was more interesting than the bear!
http://www.clarkvision.com/tmp/katmai.09.2004.IMG_7909.b-700.jpg
Could a photo like this be published, say in a book about
Katmai? Or a web site?
Roger
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Sorry, but I can not give legal advice to non-clients -- neither my
firm nor my malpractice carrier permits it. Commercial appropriation
of likeness laws vary from jurisdiction to jurisdiction. Also,
commercial appropriation isn't the only concern -- false-light
defamation and related privacy torts also could pertain.
Nice photo, by the way.
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