If I’m out fishing (so “in public”) and some guy is recording me (without consent) he can still use that video to promote HIS YouTube fishing channel, right?
And post it to his fishing products site?
Because I’m out in public, I have no right of privacy and he can use video of me for whatever he wants?
Is that the deal?
There is a civil law remedy for an unauthorized appropriation of one’s name or likeness. It varies considerably by state. Generally, even non-celebrities have a cognizable interest in controlling the commercial use of their image. In practice, my sense is that non-celebrities have a tougher hill to climb to show damages, but this is really not my area of law.
IANAL, but I believe that one factor would be whether or not your verbal communications were made with any expectation of privacy. If you were quietly talking to a buddy about how great the fishing has been, you don’t expect to show up on YouTube. If you were yelling at other people to get out of your fishing hole, then you probably shouldn’t be surprised if you show up on YouTube.
Yeah, I’m on the flip side of this (photographer side), and the rule of thumb is if I’m using anything in a commercial manner, I need a model release to cover my ass. Editorially, it’s not necessary. Here’s what I can find with a quick google, but I would not assume that person has a right to use your likeness commercially (promoting his work) without a release from you. I am not a lawyer, laws vary from state to state, etc.
I have to assume this isn’t absolute either. For example, would bring in the background of a wide shot of a street scene be something you could insist wasn’t used? Would it depend on the use, e.g. news report versus film scene? And what about those horrible prank shows?
The guy was actually onshore, recording his own fishing exploits when I happened to paddle by in my float tube and catch a fish pretty much right in front of him. He watched and the camera was on his head, so he recorded me as he watched me catch a fish. I didn’t even know.
A few weeks later a friend of mine happened to see the video and gave me a head’s up. I checked it out and there was a link to his website so I followed it and saw the video was embedded on his personal blog about fishing as well as YouTube. He also pimps fishing products on his site as an Amazon affiliate, so it’s all very low key in terms of commerciality.
It’s not a big deal to me, it just seems kinda weird.
Seems normal to me. Some people would think that they were famous.