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Legal Question RE: Publishing Photos
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May 11, 2015 15:16:56   #
Jonathan
 
What law do you think they violated? What are your damages?

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May 11, 2015 16:14:19   #
Los-Angeles-Shooter Loc: Los Angeles
 
Jonathan wrote:
What law do you think they violated? What are your damages?


The FL Right of Publicity law, which I have referenced several times, and which can be found, inter alia, at:

http://rightofpublicity.com/statutes/florida

The "damages" would include any harm to plaintiffs. Plaintiffs could also (see paragraph 2 of the statute) reasonably claim the amount that defendant would have paid models if defendant had been honest. Plaintiffs can also get an injunction ordering the defendant to cease and desist from misusing their images.

In some states, incl. CA, plaintiffs could get "statutory" penalties without having to prove they were damaged or that defendant profited. The statutory penalties, which the FL statute lacks, are designed among other things to deter sleazy behavior such as defendants' misuse of plaintiffs' images.

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May 11, 2015 16:16:25   #
Wahawk Loc: NE IA
 
Los-Angeles-Shooter wrote:
The FL Right of Publicity law, which I have referenced several times, and which can be found, inter alia, at:

http://rightofpublicity.com/statutes/florida

The "damages" would include any harm to plaintiffs. Plaintiffs could also (see paragraph 2 of the statute) reasonably claim the amount that defendant would have paid models if defendant had been honest. Plaintiffs can also get an injunction ordering the defendant to cease and desist from misusing their images.

In some states, incl. CA, plaintiffs could get "statutory" penalties without having to prove they were damaged or that defendant profited. The statutory penalties, which the FL statute lacks, are designed among other things to deter sleazy behavior such as defendants' misuse of plaintiffs' images.
The FL Right of Publicity law, which I have refere... (show quote)


Looks like UHH has a new 'resident lawyer' !!

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May 11, 2015 16:19:24   #
Los-Angeles-Shooter Loc: Los Angeles
 
Wahawk wrote:
Looks like UHH has a new 'resident lawyer' !!


I'm not a lawyer. But I type so fast I could be a modern day scrivener!

But seriously, I am familiar with Right of Publicity law concepts, especially the CA ROP law. And also familiar with the fundamentals of copyright law.

Both areas of law are vastly misunderstood by photographers, models, and other folks, leading to bad karma and even lawsuits.

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May 11, 2015 17:36:44   #
kb6kgx Loc: Simi Valley, CA
 
Los-Angeles-Shooter wrote:
I'm not a lawyer.


You’re NOT a lawyer? Interesting. You sure laid into me like you were. I may not have finished at the top of my class at law school, but i did finish.

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May 11, 2015 18:32:01   #
Los-Angeles-Shooter Loc: Los Angeles
 
kb6kgx wrote:
You’re NOT a lawyer? Interesting. You sure laid into me like you were. I may not have finished at the top of my class at law school, but i did finish.


I've been accused of being the typist equivalent of a fast-draw artist; too fast to shoot from the hip. And I think my apology to you is very much in order and is (can't resist) "served on you herewith."

Trivia: Yesterday a friend took me for an airplane ride through your area, the beautiful Simi Valley. We departed Whiteman airport in Pacoima near Burbank and I got to daydream and enjoy the view and enjoy mild hypoxia while he flew us to Oxnard and did "ILS practice" (whatever that is) a couple of times. Then we flew back and he did an approach to the runway at Van Nuys and we got a big laugh because Larry Flynt's big Gulfstream jet had to wait for our puny little 4-place plane to reach the runway before he got to take off. If you have a chance to take a ride in a little bitty plane, jump on it; it's fun and very interesting and unlike in a jet you're low enough to see the scenery.

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May 11, 2015 18:39:15   #
kb6kgx Loc: Simi Valley, CA
 
Apology accepted, but completely unnecessary. I checked your profile and you list, as one of your “interests”, law. So, maybe you WERE a lawyer. In which case I, who merely just finished law school (and was not among the more stellar students!) certainly do not claim to know everything.

ILS = Instrument Landing System. During such training, they literally cover up plane’s cockpit windows so you can’t see out of them and fly by landmarks. You have to look at your instruments and learn to use them and trust them. Not a lot of fun to do from what I’ve been told.

I have had the opportunity to get up in a small plane (Cessna 152 and 172) on a couple of occasions. Flew all around the San Fernando Valley, down south into and around Orange County, and also over Ventura County, over Simi Valley and Camarillo. Lot of fun. Got some great photos from that.

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May 11, 2015 20:12:29   #
Los-Angeles-Shooter Loc: Los Angeles
 
I have had rides in Cessnas (wing on top) and Pipers (wing on bottom) The Cessna was better for photos: the wing wasn't in the way. OTOH I felt more secure in the Piper with the big fat wing underneath where I could see it ...

Apparently when pilots are bored they like to argue the merits of Cessna vs. Piper. We photographers don't do that. We argue Nikon v. Canon.

I've had aerobatic rides in planes, too. Didn't like it all that much but I didn't puke.

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