Photo/Name usage without permission

Cole

Cole

Well-known member
I have a friend that asked my opinion of a situation he was in and thought I would see what you all think. I know most, if not all of you are not lawyers but you may have come across a similar situation.

So my friend caught wind that his name and pictures of him were used in a promotional video without his permission. Unfortunately for reasons of privacy I can not link to the video or name the organization but here is a summary. It is a 12 minute video that is raising awareness for one organization by bashing another organization. The parents of my friend were interviewed and spoke intimately of how they wish their son was not part of the other group, but back with theirs. The parents provided still images of my friend that were used, most of which were from childhood but at least one that was very recent. They mention him by first name only, but the parents are referred to by last name verbally and with lower thirds so it easy enough to identify my friend. The video is on Vimeo and open for public viewing.

So the question is, can he request the video be taken down? The pictures were given to the production company by his parents and the pictures belonged to them. But my friends likeness is being used against his will. He isn't furious over this, but concerned to say the least.

I have suggested he seek legal council to clarify his rights but I'd like to know what you think.

Thanks for your input.

Cole
 
Yeah... in my understanding... if he never signed a release then he should be able to request that it be removed - unless it's being used under "fair use". If he never signed a release then I'd think it also goes against Vimeo's terms of use.
 
kylevant said:
Yeah... in my understanding... if he never signed a release then he should be able to request that it be removed - unless it's being used under "fair use". If he never signed a release then I'd think it also goes against Vimeo's terms of use.
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"Fair Use" is a defense against copyright infringment and has nothing whatsoever to do with the need for a release in order to use someone's likeness. While there are certain exceptions when dealing with news gathering, images obtained in a place where one would not have a reasonable expectation of privacy (walking down a city street, for example), or with images of "public figures" (politicians, celebrities, etc), in general you need a release from any recognizable person appearing in your work.
 
Ok, so Steve, is there no similar law (such as "fair use") that can be referenced when dealing with someones likeness in, say, a television news broadcast?
 
Disclaimer: I'm not a lawyer, nor do I play one on TV, nor do I work on TV shows about lawyers, but I do watch a lot of "Law & Order" reruns.

There's a "public persona" concept that covers people in the news. But this is not news, this is a commercially made video, so I doubt that the public persona doctrine would apply. Your friend should talk to an entertainment or intellectual property lawyer and find out what his legal options are. I suspect that he would be entitled to damages if he sued.
 
Thanks to everyone for their insight. My friend has expressed his interest in having the video taken down, but not to pursue any type of damages. Does he contact Vimeo directly, or does he contact the producer of the video?
 
I'd say contact the producer first - best to avoid making enemies in this world. If the producer refuses then (if he has the right to) contact Vimeo.
 
arniepix said:
Disclaimer: I'm not a lawyer, nor do I play one on TV, nor do I work on TV shows about lawyers, but I do watch a lot of "Law & Order" reruns.

There's a "public persona" concept that covers people in the news. But this is not news, this is a commercially made video, so I doubt that the public persona doctrine would apply. Your friend should talk to an entertainment or intellectual property lawyer and find out what his legal options are. I suspect that he would be entitled to damages if he sued.
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Agreed. The news is about current events, and is given a wide latitude about not needing permission to show likenesses. It has to do with Free Speech. But a commercial enterprise does not have those same latitudes. Your friend needs an attorney, if he is not underage. That question was asked but not answered. If he is underage, his legal standing could be very shaky, as the parents gave permission for the likeness to be used and they have the right to give permission.
 
My friend is an adult so no one can speak for him anymore. His parents are free to speak their minds but using the photos and mentioning his name in a negative way crossed a line in my friends eyes.

From what I understand at this point he does not want to involve a lawyer except maybe to define his rights in the situation (per my suggestion). He is not looking for compensation or damages he just wants the video down. Does he need a lawyer to have it taken off of Vimeo?

I figure the best plan would be to have a lawyer draft a cease and desist to the producer. It might pack a bit more punch with a law firm on the letterhead than if my friend were to just email him.

Thanks again for the insight.

Cole
 
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