Consent to use a person's picture for promoting a photography business

T

tatomajajo

Guest
Jurisdiction
Minnesota
We attended our State Fair and noticed that the photography outfit that got "exclusive rights" to shoot pics at the horse show, had several pictures, plaques, and a blanket with picture collage, of our friends. All that was set up to promote sales of their products. Do they have the right to use those picture without the consent of person pictured? The pictures are of that person alone, not in a crowd. Pictures were taken at another horse show (our County Fair) where there was a designated show photographer. Several of these people are not happy about it. I take lot of pics myself and want to know the legal right that photographers, and in this case, my friends have. The representative told me that they have the "right to use" those pictures and we can "check with their lawyer". Any resources or ideas?
 
The representative told me that they have the "right to use" those pictures and we can "check with their lawyer".

They are probably wrong but they know darned well you aren't checking with their lawyer (who will tell you the same) and that you aren't likely to spend the money on your own lawyer to go after them violating your "right of publicity."

The "right of publicity" is the right to control the use of your name, likeness, voice and other personal attributes.

The right is usually of use to celebrities who can be victims of others that use there attributes for personal gain.

Theoretically it could also apply to a non-celebrity but it's not usually cost effective for a non-celebrity to litigate when there is little or no monetary damage involved.

Reference material follows if you are interested:

Sign O' the Times: the Right of Publicity Comes to Minnesota

Minnesota Supreme Court Finds the Right to Privacy in Minnesota's Common Law - FindLaw

Minnesota

Right Of Publicity » A Brief History of the Right of Publicity

http://www.markroesler.com/pdf/caselaw/Ventura v. Titan Sports _1995_.pdf
 
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