From the article:
The problem, according to University of Minnesota Law School professor William McGeveran, is that a 104-year-old New York law prohibits advertisers from using photos, drawings or other likenesses of people without their written permission. Courts in other states as well have held that people can sue when photos or drawings of them are used in ads without their consent.
A commenter on the blog, Gerard McLean from Rivershark, Inc. also had a good point:
Brands should probably be more concerned about which naked rear-end or other body part is going to appear next to their ad rather than users’ being concerned about their likeness being used without permission. . .
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2 comments:
I think its funny how this whole thing is playing out. Facebook has some really great ways to market, but if people are willingly joining and using their images on it then it would seem that there shouldn't be a problem. But the legal system has its own way of working.
@jc-Thanks for commenting. The problem is people do not think about for what there profile may be used. Think about email. How many chain letter emails and pass it on email do you get daily? Most of the time, all the email addresses of all the contacts this email has been forwarded through are right there for copying. We must all be more security conscious.
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