WJC: I've never had a blackberry but...

Mr Lahey*

Guest
So last year, for the Canada-US New Years Eve game, my brother and I painted our faces.

At the end of the game, some lady came and took a bunch of pictures of us. We weren't sure what for, but we never found them.

Until today...my brother was on the TSN site (he is in NZ right now and can only follow through the website) and he came across this seemingly familiar picture....

(look on the left side at the picture in the Blackberry ad)

funny.jpg




Now here is one of us at the game:

n502397841_1203366_6240.jpg



My favourite part is that they photoshopped my hair to be black...:laugh: should i be worried?

Anyways, just wanted to share a funny little story that came out of nowhere...nothing like seeing yourself pop up in a blackberry ad on TSN (also saw it later on TV) a year later!
 

Mr Lahey*

Guest
You can probably sue them for using your picture without your consent.

:D

I would ask for a Blackberry but I can't afford the monthly plan:laugh:

Kinda creepy seeing a photoshopped version of yourself pop up on some website randomly
 

Derick*

Guest
You can probably sue them for using your picture without your consent.

:D

Maybe. In general that would be the case. If they were with the arena though, probably not. It likely says on your ticket that it's okay to photograph you for advertising purposes, etc.
 

R S

Registered User
Sep 18, 2006
25,468
10
Make a big stink about it....you will probably get something free.
 

Claypool

Registered User
Jan 12, 2009
13,670
4,352
You were at a sporting event, which is considered public property, meaning they can use their photos as they please to a certain extent. Unless you can prove Blackberry (or their advertisers) were violating your privacy, which you can't, or that the photo they used in the advertisement was libelous, then you really can't do anything.
 

Derick*

Guest
I'm pretty sure you can't just go up to someone in public, take their picture, and then use it in advertising. I think the caveat is just that the ticket has a disclaimer on it.
 

MeHateHe

Registered User
Dec 24, 2006
2,497
2,826
Consult a lawyer

Unless you signed a waiver agreeing to have your image used like this, they should not be using your photo. This is a whole lot bigger than a $100 monthly plan. You should be able to find a lawyer who will do this and take a percentage.
 

time

Registered User
Feb 26, 2005
257
0
I'm pretty sure you can't just go up to someone in public, take their picture, and then use it in advertising. I think the caveat is just that the ticket has a disclaimer on it.

Yes, it is the ticket thing. I jumped up and down like a maniac when Lemieux scored his goal in Hamilton in '87. Since then I have appeared in a bunch of beer commercials and retrospectives. In fact, saw myself in a Gretzky doc just a couple of weeks ago.

I call it my "split-second" of fame!

The only difference in my case was that I was captured by the broadcast cameras. Fair game. A random snapshot though? With no heads up or waiver? Might be worth a call.
 

Pyke*

Guest
Erm...I'm not a lawyer, but as far as I understand it, you can't take a picture of someone in public or otherwise if they are the SUBJECT of the picture. It's one thing to take a picture of the crowd and in the process capture a particular individual (ala: jumping up and down after the '87 goal).

It's a totally different thing to take a picture of you/someone else and use it for your own purposes. You do have a right to protect your own image, and that ad makes it appear that you support blackberries.
 

Devils Mike*

Guest
I don't see how it's legal to film someone on location (like the show Cops) and then put these people on the show but then your not allowed to take pictures of people?
 

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