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Lawsuit over image use

 
 
David Dyer-Bennet
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      09-18-2012
R S H <(E-Mail Removed)> writes:

> What is ignored in this whole stream of discussion is 'what if she was a fan of the OTHER team? Not everyone attending a basketball game is
> a fan of the team whose home stadium is being used.


Well, yes and no. Nobody asks models being hired to appear in ad
campaigns their attitudes towards the product being advertised. Picking
a face out of the crowd is different from hiring a model, but if we're
going to allow it, then maybe it becomes the same for this purpose.

On the other hand, in some cities she could argue that it made her
unsafe to be portrayed as a fan of the wrong team .

--
Googleproofaddress(account:dd-b provider:dd-b domain:net)
Snapshots: http://dd-b.net/dd-b/SnapshotAlbum/data/
Photos: http://dd-b.net/photography/gallery/
Dragaera: http://dragaera.info
 
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David Dyer-Bennet
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      09-18-2012
R S H <(E-Mail Removed)> writes:

> On Mon, 17 Sep 2012 19:44:08 -0400, PeterN <(E-Mail Removed)> wrote:
>
>>On 9/17/2012 6:34 PM, Savageduck wrote:
>>> On 2012-09-17 15:16:37 -0700, R S H <(E-Mail Removed)> said:
>>>
>>>> What is ignored in this whole stream of discussion is 'what if she was
>>>> a fan of the OTHER team? Not everyone attending a basketball game is
>>>> a fan of the team whose home stadium is being used.
>>>>
>>>> RsH
>>>
>>> Check the jersey. A non-fan isn't likely to wear a Dwight Howard #12
>>> Orlando jersey.
>>>

>>The skill of observation is one that one keeps.

>
> In this day and age that doesn't mean a thing, what with the number of
> photos that are altered using photoshop or other software. So even if
> she is shown wearing that jersey, it does NOT mean that at the game
> she was wearing that jersey. And if she was wearing the jersey, it
> still doesn't mean she is a fan of the team. She might like a specific
> player while NOT liking the team.


Clearly that's possible.

However, any claim for damages for being portrayed as a fan of the team
seems to me to evaporate in this case -- she's really wearing the
jersey. It may mean whatever she wants *to her*, but everybody else is
going to think she's a fan of the team.
--
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Snapshots: http://dd-b.net/dd-b/SnapshotAlbum/data/
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PeterN
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      09-18-2012
On 9/18/2012 12:50 PM, David Dyer-Bennet wrote:
> R S H <(E-Mail Removed)> writes:
>
>> What is ignored in this whole stream of discussion is 'what if she was a fan of the OTHER team? Not everyone attending a basketball game is
>> a fan of the team whose home stadium is being used.

>
> Well, yes and no. Nobody asks models being hired to appear in ad
> campaigns their attitudes towards the product being advertised. Picking
> a face out of the crowd is different from hiring a model, but if we're
> going to allow it, then maybe it becomes the same for this purpose.
>
> On the other hand, in some cities she could argue that it made her
> unsafe to be portrayed as a fan of the wrong team .
>



My daughter's dog appears in commercials. If she doesn't approve of the
product, the gig will be refused.



--
Peter
 
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tony cooper
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      09-18-2012
On Tue, 18 Sep 2012 14:12:48 -0400, PeterN
<(E-Mail Removed)> wrote:

>On 9/18/2012 12:50 PM, David Dyer-Bennet wrote:
>> R S H <(E-Mail Removed)> writes:
>>
>>> What is ignored in this whole stream of discussion is 'what if she was a fan of the OTHER team? Not everyone attending a basketball game is
>>> a fan of the team whose home stadium is being used.

>>
>> Well, yes and no. Nobody asks models being hired to appear in ad
>> campaigns their attitudes towards the product being advertised. Picking
>> a face out of the crowd is different from hiring a model, but if we're
>> going to allow it, then maybe it becomes the same for this purpose.
>>
>> On the other hand, in some cities she could argue that it made her
>> unsafe to be portrayed as a fan of the wrong team .
>>

>
>
>My daughter's dog appears in commercials. If she doesn't approve of the
>product, the gig will be refused.


That's a rather ambiguous use of "she". Who must approve of the
product? The dog or your daughter?



--
Tony Cooper - Orlando, Florida
 
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PeterN
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      09-18-2012
On 9/18/2012 3:31 PM, tony cooper wrote:
> On Tue, 18 Sep 2012 14:12:48 -0400, PeterN
> <(E-Mail Removed)> wrote:
>
>> On 9/18/2012 12:50 PM, David Dyer-Bennet wrote:
>>> R S H <(E-Mail Removed)> writes:
>>>
>>>> What is ignored in this whole stream of discussion is 'what if she was a fan of the OTHER team? Not everyone attending a basketball game is
>>>> a fan of the team whose home stadium is being used.
>>>
>>> Well, yes and no. Nobody asks models being hired to appear in ad
>>> campaigns their attitudes towards the product being advertised. Picking
>>> a face out of the crowd is different from hiring a model, but if we're
>>> going to allow it, then maybe it becomes the same for this purpose.
>>>
>>> On the other hand, in some cities she could argue that it made her
>>> unsafe to be portrayed as a fan of the wrong team .
>>>

>>
>>
>> My daughter's dog appears in commercials. If she doesn't approve of the
>> product, the gig will be refused.

>
> That's a rather ambiguous use of "she". Who must approve of the
> product? The dog or your daughter?


Are you assuming the dawg is a female?
However, the answer is both. But this dawg doesn't refuse food.



--
Peter
 
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