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

[sh724]

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?

When ppl commit crimes its public knowledge of their arrest and all info associated with their arrest, thats why they can show it

 

[sh724]

Unless you agreed to them using your picture for the ad they cannot use it. The disclaimer on the back is only for being shown on tv, or in the newspaper, or on the teams website. It does not cover outside companies looking to make money.

 

[Beaker]

is your name kevin lol

I'm going to go out on a limb and say that his name is Patrick, judging by the picture.

 

[Mr Lahey*]

I'm going to go out on a limb and say that his name is Patrick, judging by the picture.

my brother is Patrick! well done sir

 

[OlfactoryHughes]

the squeaky wheel gets the grease.... if i were you i would be squeaking, no doubt you could get something out of this. even if it is a free blackberry, better then nothing.

 

[russmatuss]

my brother is Patrick! well done sir

He knows that becuase of his MSN name in that print-screen lol. Good detective skills anyway.

 

[Ragss]

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.

Are you sure a sporting event is concidered public property? I know shopping malls, though private, are concidered to be 'assumed public property' in the sense of photographers rights to take pictures of whatever the hell they want while in public. However, being that you had to purchase a ticket, and only those with tickets were allowed entry, I would assume that it does not fall under this same specification.

From the brief law class I was in while taking photography in college the one thing I really took away from it is that there is a lot of grey area. A lot. The main rule in using a shot of a person from a public place (which they have no right to deny you) is that you can't use it to misrepresent them. That means you can't take a picture of a dude on the street and use it to advertise Viagra, he could sue for that. But you can freely use it as just a generic background image for an advert. So it all depends on if the arena constitutes a public place or not, and if the ticket had any sort of legal waiver going on.

 

[Jumptheshark]

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

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

actually I don't think it is you--the guy in the blackbery on the right as black hair

 

[Vic Rattlehead*]

Am I the only one who's going to suggest that it can be other people in the ad?

 

[cyris]

Uhh dude seriously if that's really is you.
Your in line for some serious compensation.

 

[SirGoose]

Uhh dude seriously if that's really is you.
Your in line for some serious compensation.

This. Give them a call, let us know what happens, because your due.

 

[Arpeggio]

Both the guys in the ad have short hair too. Guess they chopped out some of your hair.

Edit: Hmm, maybe not, but you should still sue or whatever.

 

[time]

Metioned this to my wife, who works in the industry. She agreed that there is some grey area (and that I can't sue Molsons for using my victory dance in a commercial) but that the legality hinges on a reasonable expectation. If you had no expectation that they were going to use your image to advertise a product, you've got yourself a case.

And if it comes down to your word versus the photographer, the burden falls on the photographer to produce evidence of a waiver.

Hope that helps.

 

[Mr Lahey*]

Interesting...thanks time...

geeze, maybe I should shoot them an email just for kicks!

 

[Khabby]

Interesting...thanks time...

geeze, maybe I should shoot them an email just for kicks!

We're canadian!

We hardly kick up a stink about anything

 

[FLYLine27*]

The guy in the blackberry has short black hair...you and your bro have longer brown hair...it's not you.

 

[Khabby]

The guy in the blackberry has short black hair...you and your bro have longer brown hair...it's not you.

Ahaha, you can clearly see that the person in the left of the blackberry ad is the same as the person on the right of his own picture. They mirrored him for the add, so the leaf is the other way around

 

[Jesus Christ Horburn]

Here's a theory:

The photographer was intrigued by your and your brothers' face paint jobs (the half maple leaf) and wanted to recreate the look for an advertising campaign later. She took a couple of pictures of you guys to model the face paint looks and then hired similar looking models (but with black hair ) to recreate the look properly.

Do you remember if the photographer asked you and your brother to lean in close together like in the ad? It could be that those guys are actually models hired by Blackberry specifically because they look similar to you and your brother.

 

[time]

Ahaha, you can clearly see that the person in the left of the blackberry ad is the same as the person on the right of his own picture. They mirrored him for the add, so the leaf is the other way around

Yep. It's been photoshopped, but it's them. Look at the details of the face painting -- the points of the leaf match perfectly.

And look at their jaw lines, eyebrows and noses. . . CSI: Hf Boards.

 

[Mr Lahey*]

Here's a theory:

The photographer was intrigued by your and your brothers' face paint jobs (the half maple leaf) and wanted to recreate the look for an advertising campaign later. She took a couple of pictures of you guys to model the face paint looks and then hired similar looking models (but with black hair ) to recreate the look properly.

Do you remember if the photographer asked you and your brother to lean in close together like in the ad? It could be that those guys are actually models hired by Blackberry specifically because they look similar to you and your brother.

Yea I think she did, I would have to ask him tho.

It was so random, we thought me might find it burried in the paper on page 18 or something, but nothing.

Another funny story from a few nights before...we got seats RIGHT beside the TSN booth, and after the game, I leaned into the picture while they were shooting the post game and gave the thumbs up (will upload youtube if anyone wants to see the TSN footage that was aired the next day)...some guy (director or something) FREAKED and started asking "do you want to get kicked out"...instead Pierre came and signed my flag after and Duthie told us we could take pics in at the TSN desk

(i think these pics are somewhere on the Leafs boad but i'll post em here for the story)

 

[Bob Barker]

You're lucky it was TSN instead of TMZ, or it might have been worse.

Yeah, or next thing you know, you're Tiger's next mistress.

 

[htpwn]

I wouldn't sue RIM. While Balsillie might be able to get beat in court by the NHL, they tend to violate patents and such all the time so I would presume they'd win with their high priced lawyers and such.

The company run by Bal-stupid took something without proper permission? Color me surprised...

I thought all the Balsillie hate had past?

 

[danishh]

you should ask them for season tickets to the coyotes.

 

[ronnyweed]

pretty sure with the negative press the guy got by catching that foul ball in baseball, and other such fan incidents that you dont really need permission to use any footage taken at an already televised game, tsn owns the rights to the game and all its happenings I bet... probably written on the back of the ticket

 

[FLYLine27*]

Yep. It's been photoshopped, but it's them. Look at the details of the face painting -- the points of the leaf match perfectly.

And look at their jaw lines, eyebrows and noses. . . CSI: Hf Boards.

It doesn't look all that close to me..