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  1. #31
    Join Date
    Jan 2006
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    38,534

    Default Re: Photographer Sent Unsolicited Visible Portrait by Mail

    Quote Quoting budwad
    View Post
    What strangers? You probably get mail every day that identifies you along with the company that is sending it to you.

    The mail is to you. If it contains information about you (or in this case a picture of the addressee) alitwho else gets to see it that shouldn't?

    Ok, so what if the photographer copied the front of the letter except for the recipients mailing address and posted it on a big billboard: would that be advertising? I would think you would have to agree that is but why is it?

    what if the billboard was in some nearly abandoned town where nobody ever goes but there is one lonely resident so nobody sees the billboard but that one guy: would that be advertising. It would be poorly placed advertisement for the money involved but I think you would still have to agree it is advertising.

    if not, why would it be different than if a thousand people a day saw it. Read the law and understand what it says is prohibited activity.
    a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.  In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the
    .

    uses another’s photograph... in any
    Manner for the purposes of advertising or selling or soliciting

    why you can’t see the picture is there for the purposes of advertising is beyond me. Your argument of “who is going to see it” fails. The law doesn’t state some arbitrary number of people have to see it. In fact, the law doesn’t require anybody actually see it. The prohibited act is using the image with intent to advertise; nothing more.

    The letter has a duality to it. It is a solicitation sent to the girl or her family and it is an advertisement for anybody that may happen to see it, even if thst is only the one postman that delivers it. Why a couple of you continue to argue about the solicitation aspect is also odd. I’ve never argued The solicitation issue. It’s always been the advertising that is the problem.

    Then, pg1067 and his argument thst if the image was used along with an advertisement for some product, such as hair coloring ignores the fact the item advertised is the photographer. . It’s saying: hey check out this photograph of this good looking girl. Then, not far from the image is the photographers address and you realize that is an actual photo of the girl. That photographer did a good job. I’ll have to keep him in mind if I need a photographer.

    if you don’t agree, then you would have to agree the photographer is a fool for spending extra money for an envelope with a window in it. There are other ways to adequately alert a recipient of the enclosed photo without spending the extra money a windowed envelope costs. The photo is also better protected in a windowless envelope so there is a better chance of it not being damaged.


    But anyway, the op appears to be satisfied with registering a complaint with the company so that’s it as far as I’m concerned.

  2. #32
    Join Date
    Oct 2006
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    15,280

    Default Re: Photographer Sent Unsolicited Visible Portrait by Mail

    Quote Quoting budwad
    View Post
    What strangers? You probably get mail every day that identifies you along with the company that is sending it to you.

    The mail is to you. If it contains information about you (or in this case a picture of the addressee) who else gets to see it that shouldn't?
    Every person in the postal system who handled it, at least got to see a picture of a pretty girl (per the OP) with her name and address attached. Are you going to say that nobody working for the postal system would ever do anything nefarious?

  3. #33
    Join Date
    Feb 2014
    Location
    RTR/WDE
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    1,687

    Default Re: Photographer Sent Unsolicited Visible Portrait by Mail

    Quote Quoting llworking
    View Post
    Every person in the postal system who handled it, at least got to see a picture of a pretty girl (per the OP) with her name and address attached. Are you going to say that nobody working for the postal system would ever do anything nefarious?
    In this day of automation, how many humans do you think laid hands on that actual envelope?
    Don't make me quote Monty Python at you.

  4. #34

    Default Re: Photographer Sent Unsolicited Visible Portrait by Mail

    I wish I could do more than simply calling the company (I'm sure they probably ignored it) but suing them in FL (or even in CA) seems a lot of hassle for an uncertain outcome.

    If the judge (or jury) was a young attractive girl I'd expect a more sympathetic outcome. Unfortunately a lot of old men are simply not aware of the fact that being young, female and attractive can be a hassle or a risk in many situations.

    Quote Quoting BooRennie
    View Post
    In this day of automation, how many humans do you think laid hands on that actual envelope?
    Mail gets misdelivered all the time. It's statistically unlikely for this kind of envelope to be delivered to a guy who'd do anything about it, but why risk it in the name of selling a few pictures.

  5. #35
    Join Date
    Jul 2018
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    1,300

    Default Re: Photographer Sent Unsolicited Visible Portrait by Mail

    Quote Quoting RidinginCali
    View Post
    suing them in FL (or even in CA) seems a lot of hassle for an uncertain outcome.
    The outcome would be anything but uncertain (both because of the lack of substantive merit and because you have no standing). You'd lose and, in California, would be ordered to pay the defendant's attorneys' fees incurred in defending against the suit. The only thing uncertain would be whether you would get sanctioned for filing a frivolous lawsuit.


    Quote Quoting RidinginCali
    View Post
    If the judge (or jury) was a young attractive girl I'd expect a more sympathetic outcome.
    Any judge who would render a decision based on being the same gender and of similar age as the plaintiff or based on her level of attractiveness should be removed from the bench and summarily disbarred. Juries, of course, are free to ignore the merits and discriminate without repercussion.


    Quote Quoting RidinginCali
    View Post
    Unfortunately a lot of old men are simply not aware of the fact that being young, female and attractive can be a hassle or a risk in many situations.
    Regardless, I think 10 out of 10 people would prefer young and pretty to old and ugly.

  6. #36
    Join Date
    Nov 2013
    Posts
    6,217

    Default Re: Photographer Sent Unsolicited Visible Portrait by Mail

    Quote Quoting RidinginCali
    View Post
    I wish I could do more than simply calling the company (I'm sure they probably ignored it) but suing them in FL (or even in CA) seems a lot of hassle for an uncertain outcome.

    If the judge (or jury) was a young attractive girl I'd expect a more sympathetic outcome. Unfortunately a lot of old men are simply not aware of the fact that being young, female and attractive can be a hassle or a risk in many situations.



    Mail gets misdelivered all the time. It's statistically unlikely for this kind of envelope to be delivered to a guy who'd do anything about it, but why risk it in the name of selling a few pictures.
    And you still haven't answered if your daughter signed an agreement to graduate. Did she have to pay for graduation? Did she have to pay for her cap and gown and for her diploma? Did you read that agreement? Does it say that the graduates would be photographed?

    I find your position totally ridiculous. You are a paranoid mother who should put her daughter in box so now one can see her beauty (according to you).

    When JK comes up with some case law that supports his position I'll consider it but so far, I haven't found any.

  7. #37
    Join Date
    Oct 2006
    Posts
    15,280

    Default Re: Photographer Sent Unsolicited Visible Portrait by Mail

    Quote Quoting budwad
    View Post
    And you still haven't answered if your daughter signed an agreement to graduate. Did she have to pay for graduation? Did she have to pay for her cap and gown and for her diploma? Did you read that agreement? Does it say that the graduates would be photographed?

    I find your position totally ridiculous. You are a paranoid mother who should put her daughter in box so now one can see her beauty (according to you).

    When JK comes up with some case law that supports his position I'll consider it but so far, I haven't found any.
    Bud, you are treating the OP in an unnecessarily rude manner because you disagree with other posters. The OP has a valid concern. Whether or not it rises to a valid legal issue does not change the fact that its a valid concern. Stop taking your disagreement with other responders out on the original posters. Its beneath you.

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