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#11
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Paul H. wrote:
This happened in Oregon. The reason they are getting sue is not that they used the two men in a picture, it's that they DID NOT take the picture themselves! A local newspaper, The Portland Tribune, took the photographs. The tribune has set in place policies for private parties to re-use any of their file photos for a fee. They will not allow use of such pictures for comercial use. That still leaves the two newlyweds suing out in the cold! The Portland Tribune may indeed then have a valid case - but the two newlyweds just lack any legal right to sue over it. That concept is very important in law - and is what the term "standing" is all about. See all our stuff at a href="http://stores.ebay.com/INTERNET-GUN-SHOW"Internet Gun Show!/a |
#12
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" wrote: Lisa wrote: As for the two men, two words: model release, two mo lack of. Get real. CNN ran God knows how much video of gay couples getting "married" at San Francisco's city hall last year. Think it got model releases from any of them? Think Michael Moore got model releases from ANY of the people in "Fahrenheit 9/11?" If you were talking about some kind of theatrical production, you would have a viable case here. But this isn't. What you may not know is that for news, you don't need a model release. For commercial purposes (read advertisement) you do. The photo was used in an advertisement, a commercial use. Real is that they did need a release, they don't appear to have one, and it's probably going to cost them. Lisa |
#13
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hotchkisstrio wrote: This happened in Oregon. The reason they are getting sue is not that they used the two men in a picture, it's that they DID NOT take the picture themselves! A local newspaper, The Portland Tribune, took the photographs. The tribune has set in place policies for private parties to re-use any of their file photos for a fee. They will not allow use of such pictures for comercial use. The USA Next org. tried to get around this by just buying the rights as if they were not using it for commercial purposes. The Tribune refunded their money and asked them not to use. Then they used it anyways! So the dispute has nothing to do with model-releases or the privacy of people at a wedding or any of that bull****. It's about a newspaper which owns the rights to a photo suing a company that copied the image without permission, and which had in fact been denied permission to do so. Ah, it's even worse. They more or less stole the image. It will be nice to see this shady outfit get exposed and have to pay. Lisa |
#14
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Lisa wrote:
What you may not know is that for news, you don't need a model release. For commercial purposes (read advertisement) you do. The photo was used in an advertisement, a commercial use. Real is that they did need a release, they don't appear to have one, and it's probably going to cost them. As a lawyer, I can tell you to dream on. Courts aren't going to buy any argument that would give every guy in a photo of the World Trade Center mess that ends up in an ad the right to sue - nor everyone in a photo of the Rose Bowl that ends up in an ad (one did in the State Bar magazine here) any right to sue. In any case, the two same-sex newlyweds are in a miserable position even if a judge didn't kick their case out of court. They are about as "unmarketable" to a jury as any plaintiffs you can imagine. And jury marketability counts for a hell of a lot more than legal theory. See all our stuff at a href="http://stores.ebay.com/INTERNET-GUN-SHOW"Internet Gun Show!/a |
#15
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On 10 Mar 2005 21:34:09 -0800, "
wrote: As a lawyer, I can tell you to dream on. I'll bet you're a pretty good one too, if you're selling gun parts and redneck bumber stickers on eBay. Bet your clients love that waving confederate flag on the "Alamance Independent" home page. "Occupied Confederate Territory". Holocaust denial. "Outing Liberals." Good times in Dixie! http://www.alamanceind.com/ is the rag I'm referring to, which features a prominent link to your "gun show" on eBay. rafe b. http://www.terrapinphoto.com |
#16
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On 10 Mar 2005 21:34:09 -0800, "
wrote: As a lawyer, I can tell you to dream on. It seems the plaintiffs are winning the early rounds, esquire. A federal judge has issued a restraining order against "USA Next." http://www.guardian.co.uk/worldlatest/story/0,1280,-4856601,00.html And let's not forget that this isn't just some "advertisement." It was a clearly homophobic pitch for a clearly partisan right wing agenda affecting every working American citizen. rafe b. http://www.terrapinphoto.com |
#17
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rafe bustin wrote:
I'll bet you're a pretty good one too, if you're selling gun parts and redneck bumber stickers on eBay. He doesn't seem to be selling anything that is proscribed by federal law. His thumb nail pictures suck though. Wes -- Reply to: Whiskey Echo Sierra Sierra AT Gee Tee EYE EYE dot COM Lycos address is a spam trap. |
#18
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John A. Stovall wrote: It's call Freedom. Apparently a concept you don't understand. So you're equating homophobia and Holocaust denial with freedom? rafe b. http://www.terrapinphoto.com |
#20
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Also don't forget that USA Next did not take the photo. They stole it from
the Portland Tribune Newspaper which may also decide to sue over copyrights. "rafe bustin" wrote in message news On 10 Mar 2005 21:34:09 -0800, " wrote: As a lawyer, I can tell you to dream on. It seems the plaintiffs are winning the early rounds, esquire. A federal judge has issued a restraining order against "USA Next." http://www.guardian.co.uk/worldlatest/story/0,1280,-4856601,00.html And let's not forget that this isn't just some "advertisement." It was a clearly homophobic pitch for a clearly partisan right wing agenda affecting every working American citizen. rafe b. http://www.terrapinphoto.com |
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