Tag Archives: privacy

Why photo clearance is critical for bloggers and stock photo libraries

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A lawsuit filed against Getty Images by an Irish woman has raised alarm bells in some blogging, news, and photography circles.

Sheldon Toplitt, over at the Unruly of Law blog reports on the case filed by Avril Nolan, who now lives in Brooklyn, and works in public relations. The lawsuit claims that a photo of Ms. Nolan taken by Jena Cumbo originally published as part of an online fashion spread, wound up being published in the April 3rd edition of amNew York as part of an ad for the New York State Division of Human Rights, with the caption “I am positive (+) [and] I have rights”.

Apparently, photographer Cumbo licensed the image to Getty Images as stock, and Getty licensed the image for the publication at issue.

The trouble is, Ms. Nolan is not HIV positive. Since she didn't sign a release, either with the photographer or with Getty, and never gave permission for the use of the photo, she claims her reputation ha suffered. Her lawsuit alleges defamation and civil rights violations stemming from the creation of a false impression about her. She's seeking $450,000 in damages.

The case highlights the important principle that, when it comes to photographs, a juxtaposition or a caption can create an actionable false impression. This kind of out-of-context depiction should be avoided however possible.

If you're a blogger, and you use images of real people, whether from a stock library, or those you've taken yourself, this is a point of concern. It's wise to understand the issue; wiser still to have an experienced entertainment and media lawyer perform legal review whenever there's the slightest question in your mind about something like this.


640x480 survivalguide3dAnd, so you'll know when such questions can arise, pick up a copy of my e-book, The Podcast, Blog, & New Media Producer's Legal Survival Guide


Entertainment Law Update Episode 037 – Top Ten Stories of 2012

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Call us with your feedback:(310) 243-6231

In this Episode:

  • Crystal Skull lawsuit
  • Persian Barbie dispute
  • Age of the Hobbits injunction
  • Artist Sues EA over throwback Ravens uniform
  • and our completely unscientific top-ten stories from 2012



Clio - Online Practice Management done right.Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

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 Website:   https://firemark.com http://theatrelawyer.com,

Twitter: @gfiremark

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Entertainment Law Update Podcast Episode 036 – Faulkner, Einstein, Superman and talent managers…

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Call us with your feedback:(310) 243-6231

In this Episode:

  • William Faulkner’s suit against Sony Pictures and Woody Allen;
  • Warner Brothers has won an important victory in the Superman litigation,
  • Albert Einstein’s likeness is now in the public domain, and
  • a group representing talent managers is suing California officials over the state’s licensing statute for agents
  • and much more…

HOSTS

Gordon Firemark

Website: https://firemark.com http://theatrelawyer.com,

Twitter: @gfiremark

Tamera Bennett

Website: http://createprotect.com

Twitter: @tamerabennett

 

 

Clio - Online Practice Management done right.Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

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Entertainment Law Update Podcast Episode 34 – Publiciity, Politicians, Godfathers and more…

Call us with your feedback:(310) 243-6231 In this Episode: Burberry/Bogart case settled Marilyn Monroe Estate loses Right of Publicity Political Campaigns use of music at rallies Desparate Housewife Sheridan still desperate SEC Rulemaking to relax ban on general solicitations North Face Butt Face/South Butt contempt claim Paramount/Puzo Case over Godfather prequel novel Resale Royalties Act… Continue Reading

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