I remember whatshisface - the guy who fired his coach, trucker hat, etc - was getting flack in the epic “Fired by my Coach” thread about using Finisherpix proofs on his personal blog. It got me to wondering: do finisherpix own the rights to pictures of me, or do I? Do I sign something when I’m registering that gives them complete ownership over using my likeness? This is probably a straightforward question, but it just seemed odd that people were finding something wrong in using a publicly available proof (I think “stealing” was the word used in the uberthread).
Not advocating in any way - I just want to understand this a bit more.
They took the photos so they own the copyright, even when you buy them. They were taken in a public place so no need for you to sign over any rights.
They could not sell them to someone to use in advertising and there is usually something in the fine print excluding certain kinds of use cases even if you are buying photos of you. For instance you couldn’t give a photo of you, that you purchased, to a sponsor to use in an ad without their permission to do so.
I am not a lawyer but used to run events where photos and video was taken and had to go through a lot of crap dealing with issues like this.
the copyright law on this is clear. If you want free pictures, have a friend stand out there and take them.
the “signing over your likeness” is something that might be a worthy discussion. If WTC prevents your friend from standing in a public space to take your picture, then that there is something I’d REALLY enjoy a discussion on.
But “consuming” publically available proofs is one thing, and using that proof in your online blog, tweet, FB post as self-promotion is another. You’re using someone else’s work for your own personal or monetary gain.
Not quite that clear. Right to publicity stays with the person in the photo, since this isn’t really news (though definitions of news and press are all over the place) So, posting all the pictures on FinisherPix’s website could be considered profiting at the subject’s expense. However, I believe we sign away that right when we register for many events.
Well, that wasn’t the question. The question is who owns the photos. Whoever fixes an expression in a tangible medium owns the right to control the use of that expression.
Now the subject of the expression, that is a different story, and a completely different legal right. Hugh Jackman has a marketable right of publicity. You and I have a right of publicity, but violating it does not cause us any damages as we don’t make a living off our likenesses.
In many ways, you’re absolutely correct. It may not be worth pointing out that most all of this is arguable, should anyone want to, or end up in a situation that there’s something to be gained by arguing. While FinisherPix might own the right to the photos, presuming their works for hire contracts are in order, which they may not be…blah…blah…blah…in some cases damages would need to be shown for their use…blah…blah…blah…FinisherPix wasn’t harmed, but benefited from their use…blah…blah…blah and a person like yourself who was paid for looking beautiful in sponsor gear was harmed when your likeness was used by FinishePix to promote their business…blah…blah…blah…or was exposed in some unflattering way, in a non-newsworthy situation…blah…blah…blah… And now, there’s this whole new privacy, web sweeping concept going around…blah…blah…blah…all this to say that many people are very quick to bow to perceived authority when there is a whole world of gray and colors.
The question is who owns the photos.Copyright laws protect the content producer, which is the photographer. I dont think the subject has any rights in non-professional photos, and maybe limited rights in commercial applications. I am well within the law to walk up to you in Wal-Mart, snap a photo of you, and upload it to Slowtwitch as proof that I met ChrisM. I dont need your permission to do that. But if were to sell that photo to make money, then I am not sure, it get’s more complicated, although I would still be the photo owner. I doubt there is any real time in which the subject actually owns the photo, except when the photographer signs the rights over.
and when big brother leaks JLaw in the bathroom nude but for a Mickey Mouse T-shirt, the kid gloves are off. Disney’s coming after them.