dons88

all i can say is wow be sure to watch part 2 3 4

Diego

It reminds me of the People of Carlisle. :-)

dons88

thanks for the warning..

Goldsold

Walmart is the devils armpit.

marxjunk

funny

bad part is...it seems some of the walmartians (see what i did there?) are suing..and winning..

I just went to a big corporate meeting and social media was a huge part of it..and it seems they have rights too...

Koda

Walmart has no obligation towards embarrassing video taken by third parties.

MDchanic

... And people photographed in public places have no right to control their images, though they could have some claim if they are featured prominently in something that is published for profit (such as in a scene from a movie, as opposed to just being posted on-line).

- Eric

marxjunk

walmart isnt being sued...

its the people putting the images up..i wasnt talking about walmart...i was talking about the people taking the pics or videos..

Koda

Oh. Hrrrm. You may have a point. So, like Eric says, if there were the People of Walmart Volume 7 straight to DVD, then maybe they have a claim?

marxjunk

i dunno..i know we spent 3 days listening to case after case and, you do control the image of you..i control my image etc.but i'm not a lawyer and cant give advice..

theres not a lot on the law books about it yet...but daily its picking up steam..it seems everyone is so sensitive now..its a form of bullying..and a host of other things...

Koda

Yeah, I think so. I've heard of cyber-bullying of fat girls who put up artistically doctored photos from flattering angles (called MySpace Angles) to not look obese, and then her peers find out about it and go on a public service campaign to make sure she doesn't deceive anyone by putting up "real" pictures.

The "you don't own your photo in public" was something for film cameras and the paparazzi. Now, with the internet and social media, maybe the law is outdated. Of course, the first rule of law is "don't make one you can't enforce."

MDchanic

Copyright of an image belongs to the person who created the image, and not to any person pictured.

- Eric

marxjunk

nope...not anymore...of a tree yes...of me..nope...unless i sign a release..and if my pockets are deep enough, i can enforce it...enforcement is the catch...like John said...and unless you are an attorney..you are speculating,,no offence intended...

and its going to get worse..

MDchanic

Absolutely not true.

I can take a photograph of Lady Gaga or Elvis Presley walking down the street, and sell the rights to the National Enquirer, and the subject has no say over it whatsoever.

If you are modeling or otherwise working for the person creating the image, a release will clarify and simplify any future questions of who has the right to what, but if I take a picture of someone just going about his business, he has no claim to it.

- Eric

MDchanic

And I am not just speculating. My wife sells art, and deals with licensing, and I can assure you that there is a big difference between a picture taken OF Andy Warhol and one taken BY him.

A picture OF Warhol can be bought, sold, displayed, and published without worry, but a picture BY him cannot be published without the permission of the Warhol Foundation (however, note that the Warhol Foundation has done the legal work to copyright his image, in general, and are trying to collect royalties from others who publish it, such as on T-shirts and coffee cups, but this strategy can only work with the most famous of people, such as Marilyn Monroe, depends on the jurisdiction they were in when they died, and has not been completely successful).

- Eric

markmag

wow...lol...scary in there....

marxjunk

i dunno..i am not an attorney...and my opinion doesnt count in the big picture anyway

expect tons of litigation and new law on this..the law is reactive..not proactive..its all new territory as far as social media.....and laws arent there yet..but its coming..

MDchanic

I'm not either, but think about it: If there were any way for any of the famous people whose pictures are in the Star every week, looking fat and crappy, to have any influence over them, or take the profits, they would. Instead, the profits go to the photographer and the publisher.

My wife has taken fashion photos of a number of young women. She'll run into a 20 year old tramp who's got the look she wants, pay her $25 or $50, and take a few hundred pictures of her. If she ever makes any money by selling any of those pictures, the models will get zero. (IF... )

- Eric

Koda

I believe I know.

Eric is correct, but Mark is foretelling future changes due to societal pressure. The great unwashed now has unprecedented recording and broadcast ability, so the idea of the photo being the property of the owner, and the subject has no say, as long as it is in public, is getting stretched due to the changing of what you can do with "public" pictures.

marxjunk

eric i agree/understand some of what you are saying...

celebrities (fame..being a celebrity..being famous) are in the public domain...they give up the right for privacy because they make a living in the public..its been tried by trial and proven by judgments, that they give up the reasonable right to privacy..its what they do..its who they are..

i'm not a public figure..i have a right to privacy and i own my image..its my domain...if i have pockets deep enough..and want to push it...i can sue anyone that uses it with out my permission..especially if its detrimental to me or my ability to make a living..and i will win...

there are lawsuits right now for this because of social media...its a new frontier..and who knows where it will end up..heres my point and i'll let it be after this...

anyone posting a pic that could be considered embarrassing or detrimental...or slanderous...or liable..better reconsider...the world belongs to the young people...and they are pushing for things our generation deems silly...or stupid..because we have never had to deal with it..

its a societal movement...as John stated....think participation trophies..baseball with no score kept..every on wins...everyone gets a hug..everyone gets a certificate....no one is left out..no one can be "made fun of" because it just aint fair..and it comes together...its a mindset for so called equality..fair treatment etc..or at least thats the way interpret it..and can not even fathom that mind set..

luckily the older generations still have most of the money..and power..

im not arguing with you by the way...i like thoughtful conversation...i'm really an easy going guy..i just had to say that...

MDchanic

I disagree about your ability to win a lawsuit regarding use of your image, if taken in public, unless it is being used in furtherance of some other crime, such as harassment or extortion, but I am not a lawyer, and I am certainly not going to argue about something so silly.

As for the future, I have no idea. If i could see the future, I'd go and buy a big lottery ticket now, or some stocks.

I agree with what you're saying about the future generations. Sometimes it's scary.
At the same time, many of them are great, and most of the ones I've met who've served in the military seem to be fantastic.
As for my own contribution, I've tried to avoid over-praising my own kid, while not being a total *****. I just let him know that I'm there to help him to do the things he wants to do and to figure out how to get around problems, and I think he gets that. Just got back from helping him do some set-up on his college apartment; I think I showed him how to do a few things that will stay with him through life. I sure hope so. (I think the part about measuring ALL of the windows you are buying shades for will be remembered...). But that's all you can do, along with living a life that, one hopes, he can look at and take as an example.

And, hey, just think about what our grandparents said about our parents when they were younger.

- Eric