Jenn, Have you seen this?
- Thread starter CaptainHook
- Start date
JennBarretta
Pro Player
Well thanks! I never authorized the usage. I really appreciate the heads up!
CaptainHook said:Hi Jenn.
A new Pool room just opened up here in St.Petersburg Florida, and they are
passing out these cards. There are 5"X5" Glossy using your image.
Did you give them authorization to use your image?
"CH"
WOW! That is just a blatant disregard for copyright law. FHM & Jenn can have a field-day with this! People wonder why some poolrooms don't last. Look no further than the lack of thought that went into making this advertisement!
Just off the top of my head, there are at least two causes of action here. There appears to be a good prima facie case for copyright violation on behalf of whomever holds the copyright in those images -- probably FHM and/or the photographer; it's unlikely that Jenn has a copyright in these images.
Jenn could also sue in tort for misappropriation of name or likeness and get an injunction and probably some measure of damages.
On the off chance that FHM licensed the images without informing Jenn, both claims would be cast into doubt.
Jenn could also sue in tort for misappropriation of name or likeness and get an injunction and probably some measure of damages.
On the off chance that FHM licensed the images without informing Jenn, both claims would be cast into doubt.
JennBarretta
Pro Player
The last thing I want to do is hurt a poolroom (we seem to have less and less these days), but I will politely ask them stop using my image. Most people really don't know that it's not ok, and they're usually surprised and embarrassed to hear it.
Rich R. said:Get a good lawyer and you could own that poolroom.
It is a small room, only 6 tables. 2 bar box and 4 4X8's. The owner owns
several clubs in the downtown area. I am sure they don't have a clue.
Class act
A class act you are indeed Jennifer, to handle it this way. I think if you mention it to them as you have stated that that should be enough to deter them from continuing with the advertising.JennBarretta said:
JennBarretta said:
Well, I think that's an awesome view to have but I'm still very surprised that they'd do it in the first place. There is a sort of 'common sense alarm' that should have been flashing bright red!
All things being equal
I'm the type of guy that is always looking for the VIOLATOR to be reprimanded by the VIOLATEEEE. So you must forgive me for my immediate retaliatory stance. I just like playing the advocate.
But mistakes do happen, and hopefully, that is the case here.
Hats off to Jenn for her calm diplomacy regarding this matter.
I'd hate to see this roomowner become belligerent though. Jenn's a SCORPIO!!!
I'm the type of guy that is always looking for the VIOLATOR to be reprimanded by the VIOLATEEEE. So you must forgive me for my immediate retaliatory stance. I just like playing the advocate.
But mistakes do happen, and hopefully, that is the case here.
Hats off to Jenn for her calm diplomacy regarding this matter.
I'd hate to see this roomowner become belligerent though. Jenn's a SCORPIO!!!
JennBarretta
Pro Player
Yep, you don't want to see my scorpio side....
Ignorance of the law is no excuse.CaptainHook said:
These people know they did not pay to have the pictures taken and they did not pay Jen to pose in them. They should know they don't have the right to use them.
Unfortunately, in these times, people think that everything they find on the internet is free for them to use. Common sense should tell them otherwise.
You'll have to excuse me, if I'm a little testy on this subject, but it is an issue close to me. I have had my property used, without permission and without compensation, also.
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It Wasn't An Accident
Sorry but I have to say this was an intentional misuse of your image Jen. If the guys that own this club also own other establishments in the area, then they have to have some sense of business law and the do's and don'ts.
I don't think a law suit is warranted at this time (FHN might feel different), but I think a strongly worded letter from your lawyer with the threat of action will be more than enough to rectify the situation....
I do admire your attitude on this though.....very level headed...... we seem to be a society that is law suit crazy.... Just read the warning labels on any household product. They're crafted by lawyers to protect the maker from law suit.....the whole thing is out of hand..... We need more people like you who are willing to settle problems in an upright and civil manner.....
McCue Banger McCue
Sorry but I have to say this was an intentional misuse of your image Jen. If the guys that own this club also own other establishments in the area, then they have to have some sense of business law and the do's and don'ts.
I don't think a law suit is warranted at this time (FHN might feel different), but I think a strongly worded letter from your lawyer with the threat of action will be more than enough to rectify the situation....
I do admire your attitude on this though.....very level headed...... we seem to be a society that is law suit crazy.... Just read the warning labels on any household product. They're crafted by lawyers to protect the maker from law suit.....the whole thing is out of hand..... We need more people like you who are willing to settle problems in an upright and civil manner.....
McCue Banger McCue
Rich R. said:
That is why i posted it. I feel it is wrong on there part to use her image without prior authorization and compensation.
What i meant by "They don't have a clue" is, Most likely they are taking the typical "Club" aproach to starting a buzz and someone told there admin asst to find some pics to put on there flyers. Not knowing anything about Pool, they most likely came across Jenn's pic's and copy and paste.
I have only been to this room once to check it out a few week's ago. They were not open yet. They are charging $5.00 per hour per player.
That BS on the flyer about ladies night & Proper dress say's to me, they are trying to attract the High end crowd, as they are only a few blocks from the Downtown business district.
The place is an old, old storefront, the place is not a high end establishment at all. There is a huge "Goth" population in that area that will
most likely hang out there on the bar tables and skateboard on the sidewalk.
The parking down there is a freakin nightmare.
True we don't have a Pool room in this part of town, but this is not what we wanted. A place with a better location and a well lit parking lot would be better.
This room is located on "Central" Avenue. The area gets really bad just south of there at night. Drug dealers, hookers, crack heads etc etc.
"CH"