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58 votes
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Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?

The deputies have standing, but they're probably going to lose. "Standing" is just a legal principle that limits the legal process to people who have suffered certain types of injuries. Jen'...
bdb484's user avatar
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33 votes
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Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?

As per this question & answer, in the US there is no expectation of privacy in public places (not to be confused with private places where public is allowed e.g. supermarkets). Photos taken in ...
Greendrake's user avatar
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21 votes

Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?

Digital Fire in the comments to the question is wrong in believing that: My layman's interpretation of [standing] would be; Do you cops have a real case here or are they just mad they got embarrassed ...
ohwilleke's user avatar
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17 votes

Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?

Yes, individuals do have personal standing in suits for invasion of privacy and the like. Ohio generally follows the federal approach to standing law, which requires that a litigant alleges a (1) ...
Jen's user avatar
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11 votes
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Are there legal implications to lying about your sponsors?

False statements are generally protected by the First Amendment. If the video was an obvious gag or work of fiction, in which a reasonable person would understand that you were not truly endorsed, ...
bdb484's user avatar
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10 votes
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Who owns the legal rights to a dead person's likeness?

George Carling owned his personality rights, and this is a right that can be inherited (is not extinguished at death), at least in California. This is a state-intensive question, California being the ...
user6726's user avatar
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6 votes
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Legalities of making a documentary/biography about a person's life

In the united-states, there is no general right for a person to control or approve a biography or other account of that person's life. Many biographies are "unauthorized", which simply means ...
David Siegel's user avatar
6 votes

Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?

If you're talking about the United States, the celebrity will lose this case: Being mildly embarrassed does not give rise to damages The First Amendment allows us to gather and disseminate ...
bdb484's user avatar
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6 votes

Does one need the prototype's permission to make dolls?

germany People generally have the Recht am eigenen Bild, the right to control the publication of their image. There are many exceptions and clarifications -- freedom of the press, the right to take ...
o.m.'s user avatar
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6 votes

What are the "fair use" implications of using someone's personal story in a political campaign without their permission?

Does the telling of the story constitute "fair use?" What legal rights does the "teller" have to tell the story, This analysis misses a key point. A story about you is not ...
ohwilleke's user avatar
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6 votes

Florida Photography Privacy Law: Company Employee Taking Pictures of Me Without My Consent

Is there any grounds for me to sue the hotel? No. You don't have a right to not have pictures of you without your consent under Florida law or federal law, when someone can view you with their own ...
ohwilleke's user avatar
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5 votes

Can a platform become a publisher through it's actions?

Yes. Content not created by a user is not protected by Section 230, and if the platform agents or employees begin to substantively edit content, the platform becomes a co-author rather than merely a ...
ohwilleke's user avatar
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5 votes
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Plausibility of US Suit over Ownership of Photos of Slaves

is it plausibly the case that ownership of an original photograph would be awarded to the subject (or the subject's heirs) because the subject did not consent to the making of the photograph? No The ...
Dale M's user avatar
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5 votes
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Are Name, Image and Likeness (NIL) of public athletes protected by copyright?

Copyright, No US Copyright does not protect names, images, or "personas". The US Copyright Office Circular 33 ("Works Not Protected by Copyright") states, on pages 2-3: Words and ...
David Siegel's user avatar
4 votes

Profit from a celebrity domain name if I have the same name?

As long as you are not claiming to be this celebrity, which would be impersonation, then you are not doing anything wrong or illegal. Since it is your own name, you can use it.
Ella's user avatar
  • 269
4 votes

Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?

Just because a person expects to lose a case may not stop them vexatiously suing you as a discouragement / punishment - if they can afford a big legal bill and you can't, just the threat of a big ...
John U's user avatar
  • 149
4 votes

Is it legal to bring someone to the attention of a large mob, knowing they are likely to be injured?

The Zeweski family sues me in a wrongful death suit, on the basis that I knew or should have known that, among my two hundred million fans, there would be at least one fanatical murderer, who would be ...
ohwilleke's user avatar
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3 votes

Publishing (non-commercially) a video-interview with a celebrity online, without written consent

This is a surprisingly complex question, with several aspects. There is the question of what jurisdiction's law to apply, there is the question of copyright, and there is the question of personality ...
David Siegel's user avatar
3 votes
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When can I sell 3d models and 2d renders of dead peoples and celebrities?

German law protects the Right of Personality, of which the Right of Publicity is a part. The Right of Publicity protects individuals from having their identity exploted for someone else's gain, ...
Comic Sans Seraphim's user avatar
3 votes

Are there legal implications to lying about your sponsors?

The person or company could sue you for defamation, and would have to show that they were harmed by your statement (which would not be in the realm of per se defamatory statements). Since this is a ...
user6726's user avatar
  • 215k
3 votes

If I'm the director of photography for a project, does the production company need a model release from me if I film myself in the project?

Copyright and Model Releases are separate legal concepts Copyright belongs to the "author" of a "literary" work - the person(s) who first fixed the the work in permanent form (or possibly not - ...
Dale M's user avatar
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3 votes
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Is selling an autographed mugshot of oneself a violation of Indiana's "Son of Sam" (notoriety-for-profit) law?

Indiana Code § 5-2-6.3-3 requires a person charged with a felony to remit 90 percent of any income derived "directly or indirectly from a felony" to the state's crime-victims fund. So if the ...
bdb484's user avatar
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3 votes
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Are people's face/voice copyrighted by default?

People's voices and faces are not copyrighted. People have a right of publicity that bars commercial use of these things without compensation in some jurisdictions, but the parameters vary. There are ...
ohwilleke's user avatar
  • 221k
2 votes
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Using celebrity recording without permission

A legal recording could be with consent or without, depending on the state you are in. If the person speaking is speaking publically, consent is irrelevant; if they are having a private conversation ...
user6726's user avatar
  • 215k
2 votes

Can I legally use a photo if I'm in it?

Your presence in an image doesn't give you automatic property rights to the image. Copyright is held by the person who took the picture (or whoever they work for). However, there are also personality ...
user6726's user avatar
  • 215k
2 votes
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What are the intellectual property rules regarding painting a real/fictitious person?

Copyright You can paint a picture of anyone you like, real or fictitious, however, you cannot copy another copyrighted work to do so. In the example of Leonardo diCaprio you are free to paint him from ...
Dale M's user avatar
  • 213k
2 votes

Celebrity images for non commercial purposes

According to US law (and I believe similarly in most areas), commercial use is defined as: According to 18 USCS § 31, term "used for commercial purposes" means the carriage of persons or property ...
Cai's user avatar
  • 201
2 votes

What recourse do I have against commercial use of my image?

The "right of publicity" or "personality rights" is what's relevant. How you might pursue this depends on where you live. In Washington, RCW 63.30 forbids such action – see RCW 63.60.050 Any person ...
user6726's user avatar
  • 215k
2 votes

Can a platform become a publisher through it's actions?

Can a platform curate the content on its site to the point where it is legally considered a publisher and loses protection under section 230? Curating the content, as in displaying it in a certain ...
Putvi's user avatar
  • 3,998

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