radio station's are exempt?!?

Christina · May 22, 2008

So i went out to the club dancing a few nights ago with some girlfriends.
we get a phone call from a friend today saying they seen pictures of us on a local radio stations website.

they have a few " haha, how embaressing" shots of us dancing with each other, and one of a friend of mine with her legs clearly open with black lacey underwear in plain view,

now granted she wore them, and she put herself in that position, but she didnt expected to be photographed and placed on the internet.

I guess radio stations are exempt from the whole "model release" thing?

Big Bully · May 22, 2008

Better be careful some of the guys on the forum might just ask for the website address... lol
I don't think they should be, because you didn't pose for them, or give them permission to take your photo did you?

Big Mike · May 22, 2008

On one hand, you were on private property (the club) and the owner of the property can say wether ot not photography is allowed. There might even be some sort of release/warning posted somewhere that says that by entering the club, you agree to such & such.

Also, the photos may fall into the 'fair use' catergory...the same as news papers etc. If the photos are used for reportage, rather than commercial use...they probably don't need a model release.

Your friend could probably call the station or bar and ask for them to be removed.

Village Idiot · May 22, 2008

You're in public and you don't have any reasonable expectation of privacy.

Pictures can be used in an editorial fashion or sold as art without requiring a model release.

She can request they take it down. If they won't and she really wants to take it farther, she can probably go the legal way based on some law or another.

Christina · May 22, 2008

we were asked to come on stage by security, nobody ever asked permission for photographs, flashes just started going off.

yet one of our guy friends was in the crowd taking pictures and the bouncer's threatened to take the camera from him for photographing us, yet they put it up on the internet.

I pretty much told her "oh well, they're not that terrible, ask them to take it down, && next time, dont be up there like that..."

Big Mike · May 22, 2008

"oh well, they're not that terrible, ask them to take it down, && next time, dont be up there like that..."

That's about it. Anytime you are out in public, you can expect that someone might photograph you...and if you are doing something like dancing on a stage...you can be assured that photos will end up on the internet somewhere.

The alternative is to keep a low profile, or stay at home or else own/rent the venue so that you can make the rules.

Senor Hound · May 22, 2008

I think this is a good point in time to say "yay underwear!" Who knows how horrible this could have been...

But yeah, I think you have as much right to not have the photos taken, as Britney Spears has of her not being photographed. If you're in a public domain (or a private domain that allows it), then this is going to happen. Heck, if photographers can take photos of you in your own home as long as they're not on your property, then this really doesn't stand a chance of being illegal...

Sorry about your friend, though. Tell her next time to wear some pants. I know its humid and Florida and all, but there are ALWAYS consequences...