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”.
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