john_h.1 Posted March 3, 2014 Author Share Posted March 3, 2014 <blockquote> <p>"Given all the interviews she did, it would look like the lawsuit was filed because the publicity was dying down."</p> </blockquote> <p>What kind of publicity? Was she interviewed on the effect the image had and clarifying her role and the impact or publicity from having people bother her with comments and other reactions? Were there interviews about enjoying qausi-celebrity atttention? Did she make the reaction worse? I'm not sure what the basis is for suggesting that the lawsuit is motivated by a desire to have her name "in the papers". Is there any evidence of that being so?</p> Link to comment Share on other sites More sharing options...
lex_jenkins Posted March 3, 2014 Share Posted March 3, 2014 <p>There actually are some interviews indicating that she may have briefly enjoyed the publicity, and supposedly was offered opportunities to model for magazines. I don't know how accurate those stories are, since they included those "...ellipses quotes..." that often indicate the context was misrepresented - a common trick of sensationalist journalism.</p> <p>No idea whether that would, or should, have any bearing on her suit, since actual misappropriation for commercial benefit occurred. Her other plans or intentions for future use of her likeness through contract with other publishers shouldn't be relevant to this suit.</p> Link to comment Share on other sites More sharing options...
john_h.1 Posted March 3, 2014 Author Share Posted March 3, 2014 <blockquote> <p>No idea whether that would, or should, have any bearing on her suit, since actual misappropriation for commercial benefit occurred. Her other plans or intentions for future use of her likeness through contract with other publishers shouldn't be relevant to this suit.</p> </blockquote> <p>It shouldn't effect the merits of the claim itself but could easily effect the issue of damages. Namely, how much she may recover or settle for. Depending on the unknown details.</p> Link to comment Share on other sites More sharing options...
AlanKlein Posted March 4, 2014 Share Posted March 4, 2014 <p>I'm trying to understand Florida law. So if I was Time Magazine's advertiser. And my firm was preparing an ad for TV that showed some of Time's famous shots including one of the President making a speech in the Rose Garden of the White House with five other people in the picture standing around the President, and we used that picture to advertise how Time "gets the shot", Time would need a release from the President and the other 5 less known people in the picture? </p> <p>How does that work?</p> Flickr gallery: https://www.flickr.com/photos/alanklein2000/albums Link to comment Share on other sites More sharing options...
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