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I got into a altercation @ F & G festival!!
- Thread starter Badger Brent
- Start date
Timekeeper
Well-Known Member
This, that, and the other thing...
Interesting comments ScrapIron. Here's some info:
Yes and no. There's A LOT of fair use options out there. So to say "no one can use that photo without your consent" alone is false.
In laymen's terms, there are some things that you simply cannot disclaim or grant permission to. For example, Disney cannot print on their tickets "By purchasing this ticket you cannot file a lawsuit against us at any time for any reason." Well, I suppose they can print whatever they want, but that does not make it enforceable. As another example, I could print out a bumper stickder for my car stating "The driver of this vehicle (me) is not liable for any damage caused by any accidents regardless of fault" ...but that doesn't mean it will work in the eyes of the law.
If I submitted a Britney Spears song to the Comments site you mentioned, does their disclaimer/waiver mean that they can use it for whatever they want? No. Copyright stands, regardless.
As for your real estate example, that depends on your arrangement with the company. If you're their employee acting within the scope of your job, then I would say no, you do not own the copyright to the photo as soon as you take it (it would easily be considered work for hire.) If you are, however, and independent contractor doing freelance work, then you may have more rights to the images; similar to wedding photographers.
The Pepsi exampe is correct, but I should add to your "editorial" comment. The issue with photographic right to publicity is divided into commercial use and communicative use. Editorial would be a subcategory of communicative. (Things need not be editorial to be communicative.) A t-shirt with a person's face on it, so long as it does not advertise something (commercial), may be considered communicative. If that t-shirt has a message on it (political, opinion, whatever) then it really becomes more communicative than commercial. Even when both elements exist in the same work, the communicative elements take precedent. Want proof? Just look at Hoffman v. Capital Cities/ABC, Inc. (decision reversed in favor of ABC's publication), or better yet, Florida's own Lane v. MRA Holdings. If the Girls Gone Wild video company (MRA) can use a girl's image in their video and on the cover of their packaging (and website, tv, etc.) without specific consent or compensation, there's no problem with using photos of these vendors likewise.
True. But consider this, if I really did a good job as a professional photographer I would have obtained a valid model release from the subject at the time of the photography, and you (as the advertiser) would only need permission from me. Of course, this is not the case with the pictures posted here, heh heh.
As an afterthought, we should go there with model release forms and ask them if we can take their picture - ha ha. It wouldn't matter what the response is, but it could be funny finding out.
:sohappy:
Timekeeper
Interesting comments ScrapIron. Here's some info:
Yes and no. There's A LOT of fair use options out there. So to say "no one can use that photo without your consent" alone is false.
In laymen's terms, there are some things that you simply cannot disclaim or grant permission to. For example, Disney cannot print on their tickets "By purchasing this ticket you cannot file a lawsuit against us at any time for any reason." Well, I suppose they can print whatever they want, but that does not make it enforceable. As another example, I could print out a bumper stickder for my car stating "The driver of this vehicle (me) is not liable for any damage caused by any accidents regardless of fault" ...but that doesn't mean it will work in the eyes of the law.
If I submitted a Britney Spears song to the Comments site you mentioned, does their disclaimer/waiver mean that they can use it for whatever they want? No. Copyright stands, regardless.
As for your real estate example, that depends on your arrangement with the company. If you're their employee acting within the scope of your job, then I would say no, you do not own the copyright to the photo as soon as you take it (it would easily be considered work for hire.) If you are, however, and independent contractor doing freelance work, then you may have more rights to the images; similar to wedding photographers.
The Pepsi exampe is correct, but I should add to your "editorial" comment. The issue with photographic right to publicity is divided into commercial use and communicative use. Editorial would be a subcategory of communicative. (Things need not be editorial to be communicative.) A t-shirt with a person's face on it, so long as it does not advertise something (commercial), may be considered communicative. If that t-shirt has a message on it (political, opinion, whatever) then it really becomes more communicative than commercial. Even when both elements exist in the same work, the communicative elements take precedent. Want proof? Just look at Hoffman v. Capital Cities/ABC, Inc. (decision reversed in favor of ABC's publication), or better yet, Florida's own Lane v. MRA Holdings. If the Girls Gone Wild video company (MRA) can use a girl's image in their video and on the cover of their packaging (and website, tv, etc.) without specific consent or compensation, there's no problem with using photos of these vendors likewise.
True. But consider this, if I really did a good job as a professional photographer I would have obtained a valid model release from the subject at the time of the photography, and you (as the advertiser) would only need permission from me. Of course, this is not the case with the pictures posted here, heh heh.
As an afterthought, we should go there with model release forms and ask them if we can take their picture - ha ha. It wouldn't matter what the response is, but it could be funny finding out.
:sohappy:
Timekeeper
I was thinking of calling "Guy" and finding out where his next show might be. I would love to show up and be wearing the shirt from Sir Nim!! Of course, I would have a group with me and have camcorders and cameras ready. Oh we can hope can't we?
ClemsonTigger
Naturally Grumpy
Good Riddance
Well, hopefully they won't be back, in either case, we'll be watching!
I have to say that I'm just a little disappointed, I really thought that Rob's special charisma would send them over the top and have them thrown out on the spot.
Well, hopefully they won't be back, in either case, we'll be watching!
I have to say that I'm just a little disappointed, I really thought that Rob's special charisma would send them over the top and have them thrown out on the spot.
Rob's special charisma didn't want to get the person that got him into the parks fired 
Rob's special charisma just wanted to mess with them... not give them a reason to kick me out, hence getting the person who got me into the parks fired.
Rob's special charisma just wanted to mess with them... not give them a reason to kick me out, hence getting the person who got me into the parks fired.
Just to update everyone on my end, I got the canned e-mail response. They promised to give me a call personally within 2 weeks to talk about what happened. Some response is a good sign. I will let everyone know what the outcome is after the call.
I understand Rob about not wanting to get your friend in trouble. Just wondering Rob, if it was a no holds barred cage match, and no repercussions, would you have been licking your chops on this one?? Thanks to all who have been following this thread. The day it happened wasn't too much fun, but this thread has been kind of fun though!!:wave:
I understand Rob about not wanting to get your friend in trouble. Just wondering Rob, if it was a no holds barred cage match, and no repercussions, would you have been licking your chops on this one?? Thanks to all who have been following this thread. The day it happened wasn't too much fun, but this thread has been kind of fun though!!:wave:
wannabeBelle
Well-Known Member
Knowing Mr MKT as I do I am sure he would have made mincemeat out of this very non Disney like individual!!! I am seriously enjoying the hijinks!!! Too bad I didnt know when I was down there in May ( 24th-28th) I was in EPCOT At least three times and certainly would have added to the hilarity!!! Belle
StevenT
New Member
I have returned
I was at Epcot Saturday, and I managed to find my way towards Nature On The Rocks with my camcorder. I stood probably 10 feet away from them, and the lady looked right at me. She was helping a customer near the planters and the man was sitting back in the shade. They both saw me walk past a couple times and stop right in front of them but they said absolutley nothing. I was so blatantly obvious to them that I'm suprised I got no response.
I just got back home today and I'm too lazy to upload the video, but I'll probably upload some segments to my site tommorow.
I suppose that's all were going to get out of Nature on the Rocks for this year. Hopefully they'll be back next year. :sohappy:
I was at Epcot Saturday, and I managed to find my way towards Nature On The Rocks with my camcorder. I stood probably 10 feet away from them, and the lady looked right at me. She was helping a customer near the planters and the man was sitting back in the shade. They both saw me walk past a couple times and stop right in front of them but they said absolutley nothing. I was so blatantly obvious to them that I'm suprised I got no response.
I just got back home today and I'm too lazy to upload the video, but I'll probably upload some segments to my site tommorow.
I suppose that's all were going to get out of Nature on the Rocks for this year. Hopefully they'll be back next year. :sohappy:
sillyspook13
Well-Known Member
:zipit: :zipit: :zipit:
TnkrBelPixiDust
New Member
That's terrible how that vendor treated you.. I would have flipped... well not really Im the type of person who doesnt really say anything.. just keeps it in but it would have really ed me off!!!
PhotoDave219
Well-Known Member
Indeed. Rob isnt afraid of repricussions from the mouse.
ClemsonTigger
Naturally Grumpy
No Doubt
Not even in question.
Understand about respect for your pass.
Great job all
Not even in question.
Understand about respect for your pass.
Great job all
diz420
New Member
send wdw the pic
Im sure he thought you were going to try and make a plant stand, or even make them to sell...I work with crafters and craft shows and see this all the time.I am sure I would have hit this guy...NO PICTURES? this is "disney" REPORT THIS VENDOR AND SEND DISNEY HIS PICTURE or the picture of his stuff so they can ban this guy. by the way I have seen alot of pictures of vendors and plant stands from the f and g festival on the net.
Im sure he thought you were going to try and make a plant stand, or even make them to sell...I work with crafters and craft shows and see this all the time.I am sure I would have hit this guy...NO PICTURES? this is "disney" REPORT THIS VENDOR AND SEND DISNEY HIS PICTURE or the picture of his stuff so they can ban this guy. by the way I have seen alot of pictures of vendors and plant stands from the f and g festival on the net.