Advertisments and the Living

In another thread a person stated that no living person can be used in an advertisment without their permission.

  • Does this mean that if in an advertisment the advertisers take a shot of people on the street walking along that those people are being used in the ad without their permission?

  • Is this why lots of “street shots” in ads are increased in speed (i.e. so that nobody will be recognizable)?

  • Or does it mean that if somebody took a shot of me eating a Big Turk ™ they could not use that as in an ad for Big Turk ™ without my permission?

Interestingly enough, just last week I was at Turning Stone casino in NY, and I happened to notice (at just one of the entrances) a sign reading somthing like “By entering the casino today, you grant permission to Turning Stone to use your likeness in any/all forms of advertising”

They certainly didn’t make it very public, I just happened to see it. Maybe that’s all a company has to do is “post notice”.

If at first you don’t succeed, redefine success.

I think that if someone used your image in an ad, you probably could sue them. The problem is trying to find yourself in a picture of a crowd.

In the example you site, the advertisers would have to have you sign a waiver, or pay you a fee to use your image. They can’t just randomly walk into a Big Turk and start snapping photos.

“Don’t rush me! I’m thinkin!..and my head hurts…”–Yosemite Sam

It is not illegal to photograph people in public.