Community Theater Green Room Discussion Board: Permission to Use Photos?

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teridtiger
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Topic: Permission to Use Photos?
Posted: 3/08/07 at 4:57pm

We were forced to replace the lead in our upcoming production of "The Graduate" one week before opening. As all the publicity photos with his likeness had been sent out weeks and weeks ago, we didn't think anything of it. We only just took the publicity photo two days ago with the new lead (the director, no less) to update our own website. However, because advance publicity is already "out there" and is posted on local theatre mesage boards and such, the former lead emailed the director a statement stating something to the effect that we did not obtain his permission to use his likeness in print or in electronic form and we were REQUIRED to remove it from all publications immediately or risk legal action.

Now, my question is twofold:

1. I have informed all known recipients of the former publicity information of the new photographs and have sent them the updated ones. Is the theatre clear of any legal repercussions?

and

2. Since the photographer worked pro bono and we are a non-profit organization, nobody is profiting from any photographs we release. So, the issue of obtaining permission to distribute one's likeness under these circumstances sould be a moot point. Shouldn't it?

Thanks,

Teri

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Topper
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Posted: 3/08/07 at 5:11pm

I'm not a lawyer, but "forced to replaced" sounds like a nice way of saying "fired." Sounds like this former actor is just blowing off steam, trying to make your life more difficult and/or miserable in retaliation.

Whether or not he signed a release, he agreed to pose for the photos in the first place, knowing full well they would be used for publicity. These are not "candid shots" taken without his permission or used out-of-context.

Somebody might scream "false advertising" only if he's got fans who've travelled miles to see your show simply because of his picture ... but that's also unlikely.

I doubt any judge would take his complaint seriously. Unless the photos show him in an unflattering, libelous or compromising situation, or could be construed as damaging to his image or reputation, I sincerely doubt he has any legal recourse.

"None of us really grow up. All we ever do is learn how to behave in public." -- Keith Johnstone

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teridtiger
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Posted: 3/08/07 at 5:22pm

"... "forced to replaced" sounds like a nice way of saying "fired." "

Bascially, yes.

"Unless the photos show him in an unflattering, libelous or compromising situation, or could be construed as damaging to his image or reputation"

Well... it's our take on the infamous Mrs. Robinson's leg shot. So, if anyone's shown in a libelous manner, it's the actress playing Mrs. Robinson.

At any rate, he is an actor new in town who has two local credits to his name. And I know for a fact those other two theatres don't ask for permission to use their cast/crew members' likenesses either. It's definitely a case of sour grapes.

As large as San Diego and its surrounding environs may seem to those of you in other parts of the country, it's a small theatre town as far as people knowing people. He also stated in his email that he's "embarrassed" that his picture is still circulating. I think it's becasue people know full well why he's not in the show anymore.

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Gaafa
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Posted: 3/08/07 at 8:14pm

I’m definitely not a lawyer, barrister, solicitor or any type of legal bottom feeder.
In my opinion he gave permission by entering into the contract to pose. Without prejudice to any contractual arrangements & conditions being inferred or applied.
{There are basically three types of contracts. Written, Verbal & Implied. Therefore did he not transfer ownership of the image to that of the theatre. As indeed to the photographer, who notionally owns the negatives as tools of trade.}
However things might be different there, but I doubt it!

I believe the onus to be on himself to save & insure any perceived embracement, by publicly advertising the fact. - Which could open up for him another can of worms entirely doing so.

Joe
Western Gondawandaland
turn right @ Perth.
Hear the light & see the sound.
Toi Toi Toi Chookas {{"chook [chicken] it is"}
May you always play
to a full house}

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Gaafa
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Posted: 3/08/07 at 8:39pm

I just had a furvver f’ought 'n f’ink!
How badly do you need more show publicity?
If it would help get it into the local rag, I’m sure they would love the story.
It could be as newsworthy as ‘Actor bites dog!’
Milk it for what it is worth, in the good old tradition of P T Barnum!

Joe
Western Gondawandaland
turn right @ Perth.
Hear the light & see the sound.
Toi Toi Toi Chookas {{"chook [chicken] it is"}
May you always play
to a full house}

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Kibitzer
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Posted: 3/08/07 at 11:00pm

Well, following up with Gaafa's implication that there is no such thing as "bad publicity", take the sour grapes public. Send out a press release to all media outlets saying that this actor has been replaced and is threatening legal action if his publicity photos are used. Maybe a line something like, "If anyone in the public sees Mr. So-and-so's picture or other likeness in any promotional materials, please destroy it. If you are unable to destroy it, please disregard it."

It's always fun to think of ways to counter such circumstances and to try to get the last laugh, but it's most often better to take the high road on these things. If you have made every reasonable effort to comply with this actor's request, you're probably covered, even if a photo or two slips through the cracks. How much are the sour grapes worth to this guy? Is it worth the cost of a lawyer and legal action to him? Maybe it is if he's got a lot of discretionary income, but in all likelihood it mostly sabre rattling.

Do what you can to comply with his request and move on. It will be interesting to see if he can move on or if for years to come he becomes a pain in your theatre's side.

"Security is a kind of death." - Tennessee Williams

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Shatcher
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Posted: 3/09/07 at 12:13pm

Actors and sour grapes? Gee that never happens in theatre

I like Kibitzer idea. of corse you could have a laywer send a letter back saying you have asked that all outdated photos be pulled blah blah blah... Get him to use as much Laywer talk as they can and confuse the heck out of the guy. or post a huge notice on the theatre door about this actor is no longer in our show, then list reasons! well ok maybe that would be a little mean but it is fun to come up with ways to give the guy a hard time

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teridtiger
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Posted: 3/09/07 at 12:26pm

Thanks, everyone, for your suggestions and comments.

The theatre has re-released updated photos with the replacement actor (i.e., the director). Our website is correct. If the hosts of other websites don't/won't/can't update their info, then that's not our responsibility. I have copies of all dated emails with the new info attached.

I have a feeling this kid will just drop this subject. The backlash (i.e., gossip) has reached the point that the actress playing Mrs. Robinson has recieved phone calls from other theatre people in town (who are not involved with this production and/or have never worked at our theatre before) asking what went down because that kid called them and blasted our theatre's treatment of him. I really don't know what he's trying to prove.

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JShieldsIowa
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Posted: 3/13/07 at 2:36am

Wow! Sounds like you were "forced to replace" a real winner there!

To avoid such issues the teen theatre that I work with has opted to require a photo release for each actor. It was by suggestion of our lawyer. Granted, we deal with kids, but it never hurts to be on the cautious side. I now personally use a similar release for any show I direct! I like to cover my rear whenever possible! We just modified a modeling release and incorporated it with a general liability release.

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TonyDi
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Posted: 3/15/07 at 7:00am

Be COMPLETELY happy that he quit/got fired/was replaced. Can you just imagine what the future would have brought if he's that wonderful as to think that he can sue you over publicity photos HE chose to sit for? Can you just imagine the future of his work there? OR HIS ATTITUDES? Be glad he's gone. However, now then if HE is bashing the theater around the town to OTHER people - then I suggest you contact HIM and threaten to SUE HIM for libel and slander....something in which your organization was NOT engaged against him. But that's what HE'S doing. Fight fire with fire. YOUR case would be ever so much more legitimate than his. Sad. Egocentric idiot he must be. Be happy he's gone.

TonyDi

"Almost famous"

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Topic: Permission to Use Photos?( Topic Closed)
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Author	Message
teridtiger Star Joined: 10/24/05 Location: United States Online Status: Offline Posts: 69	Topic: Permission to Use Photos? Posted: 3/08/07 at 4:57pm
	We were forced to replace the lead in our upcoming production of "The Graduate" one week before opening. As all the publicity photos with his likeness had been sent out weeks and weeks ago, we didn't think anything of it. We only just took the publicity photo two days ago with the new lead (the director, no less) to update our own website. However, because advance publicity is already "out there" and is posted on local theatre mesage boards and such, the former lead emailed the director a statement stating something to the effect that we did not obtain his permission to use his likeness in print or in electronic form and we were REQUIRED to remove it from all publications immediately or risk legal action. Now, my question is twofold: 1. I have informed all known recipients of the former publicity information of the new photographs and have sent them the updated ones. Is the theatre clear of any legal repercussions? and 2. Since the photographer worked pro bono and we are a non-profit organization, nobody is profiting from any photographs we release. So, the issue of obtaining permission to distribute one's likeness under these circumstances sould be a moot point. Shouldn't it? Thanks, Teri

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Topper Celebrity Joined: 1/27/05 Location: United States Online Status: Offline Posts: 543	Posted: 3/08/07 at 5:11pm
	I'm not a lawyer, but "forced to replaced" sounds like a nice way of saying "fired." Sounds like this former actor is just blowing off steam, trying to make your life more difficult and/or miserable in retaliation. Whether or not he signed a release, he agreed to pose for the photos in the first place, knowing full well they would be used for publicity. These are not "candid shots" taken without his permission or used out-of-context. Somebody might scream "false advertising" only if he's got fans who've travelled miles to see your show simply because of his picture ... but that's also unlikely. I doubt any judge would take his complaint seriously. Unless the photos show him in an unflattering, libelous or compromising situation, or could be construed as damaging to his image or reputation, I sincerely doubt he has any legal recourse.
	"None of us really grow up. All we ever do is learn how to behave in public." -- Keith Johnstone
	IP Logged

teridtiger Star Joined: 10/24/05 Location: United States Online Status: Offline Posts: 69	Posted: 3/08/07 at 5:22pm
	"... "forced to replaced" sounds like a nice way of saying "fired." " Bascially, yes. "Unless the photos show him in an unflattering, libelous or compromising situation, or could be construed as damaging to his image or reputation" Well... it's our take on the infamous Mrs. Robinson's leg shot. So, if anyone's shown in a libelous manner, it's the actress playing Mrs. Robinson. At any rate, he is an actor new in town who has two local credits to his name. And I know for a fact those other two theatres don't ask for permission to use their cast/crew members' likenesses either. It's definitely a case of sour grapes. As large as San Diego and its surrounding environs may seem to those of you in other parts of the country, it's a small theatre town as far as people knowing people. He also stated in his email that he's "embarrassed" that his picture is still circulating. I think it's becasue people know full well why he's not in the show anymore.
	IP Logged

Gaafa Celebrity Joined: 3/21/04 Location: Australia Online Status: Offline Posts: 1181	Posted: 3/08/07 at 8:14pm
	I’m definitely not a lawyer, barrister, solicitor or any type of legal bottom feeder. In my opinion he gave permission by entering into the contract to pose. Without prejudice to any contractual arrangements & conditions being inferred or applied. {There are basically three types of contracts. Written, Verbal & Implied. Therefore did he not transfer ownership of the image to that of the theatre. As indeed to the photographer, who notionally owns the negatives as tools of trade.} However things might be different there, but I doubt it! I believe the onus to be on himself to save & insure any perceived embracement, by publicly advertising the fact. - Which could open up for him another can of worms entirely doing so.
	Joe Western Gondawandaland turn right @ Perth. Hear the light & see the sound. Toi Toi Toi Chookas {{"chook [chicken] it is"} May you always play to a full house}
	IP Logged

Gaafa Celebrity Joined: 3/21/04 Location: Australia Online Status: Offline Posts: 1181	Posted: 3/08/07 at 8:39pm
	I just had a furvver f’ought 'n f’ink! How badly do you need more show publicity? If it would help get it into the local rag, I’m sure they would love the story. It could be as newsworthy as ‘Actor bites dog!’ Milk it for what it is worth, in the good old tradition of P T Barnum!
	Joe Western Gondawandaland turn right @ Perth. Hear the light & see the sound. Toi Toi Toi Chookas {{"chook [chicken] it is"} May you always play to a full house}
	IP Logged

Kibitzer Lead Joined: 2/06/07 Location: United States Online Status: Offline Posts: 39	Posted: 3/08/07 at 11:00pm
	Well, following up with Gaafa's implication that there is no such thing as "bad publicity", take the sour grapes public. Send out a press release to all media outlets saying that this actor has been replaced and is threatening legal action if his publicity photos are used. Maybe a line something like, "If anyone in the public sees Mr. So-and-so's picture or other likeness in any promotional materials, please destroy it. If you are unable to destroy it, please disregard it." It's always fun to think of ways to counter such circumstances and to try to get the last laugh, but it's most often better to take the high road on these things. If you have made every reasonable effort to comply with this actor's request, you're probably covered, even if a photo or two slips through the cracks. How much are the sour grapes worth to this guy? Is it worth the cost of a lawyer and legal action to him? Maybe it is if he's got a lot of discretionary income, but in all likelihood it mostly sabre rattling. Do what you can to comply with his request and move on. It will be interesting to see if he can move on or if for years to come he becomes a pain in your theatre's side.
	"Security is a kind of death." - Tennessee Williams
	IP Logged

Shatcher Celebrity Joined: 2/21/05 Location: United States Online Status: Offline Posts: 251	Posted: 3/09/07 at 12:13pm
	Actors and sour grapes? Gee that never happens in theatre I like Kibitzer idea. of corse you could have a laywer send a letter back saying you have asked that all outdated photos be pulled blah blah blah... Get him to use as much Laywer talk as they can and confuse the heck out of the guy. or post a huge notice on the theatre door about this actor is no longer in our show, then list reasons! well ok maybe that would be a little mean but it is fun to come up with ways to give the guy a hard time
	IP Logged

teridtiger Star Joined: 10/24/05 Location: United States Online Status: Offline Posts: 69	Posted: 3/09/07 at 12:26pm
	Thanks, everyone, for your suggestions and comments. The theatre has re-released updated photos with the replacement actor (i.e., the director). Our website is correct. If the hosts of other websites don't/won't/can't update their info, then that's not our responsibility. I have copies of all dated emails with the new info attached. I have a feeling this kid will just drop this subject. The backlash (i.e., gossip) has reached the point that the actress playing Mrs. Robinson has recieved phone calls from other theatre people in town (who are not involved with this production and/or have never worked at our theatre before) asking what went down because that kid called them and blasted our theatre's treatment of him. I really don't know what he's trying to prove.
	IP Logged

JShieldsIowa Star Joined: 11/05/06 Location: United States Online Status: Offline Posts: 49	Posted: 3/13/07 at 2:36am
	Wow! Sounds like you were "forced to replace" a real winner there! To avoid such issues the teen theatre that I work with has opted to require a photo release for each actor. It was by suggestion of our lawyer. Granted, we deal with kids, but it never hurts to be on the cautious side. I now personally use a similar release for any show I direct! I like to cover my rear whenever possible! We just modified a modeling release and incorporated it with a general liability release.
	IP Logged

TonyDi Celebrity Joined: 9/13/06 Location: United States Online Status: Offline Posts: 325	Posted: 3/15/07 at 7:00am
	Be COMPLETELY happy that he quit/got fired/was replaced. Can you just imagine what the future would have brought if he's that wonderful as to think that he can sue you over publicity photos HE chose to sit for? Can you just imagine the future of his work there? OR HIS ATTITUDES? Be glad he's gone. However, now then if HE is bashing the theater around the town to OTHER people - then I suggest you contact HIM and threaten to SUE HIM for libel and slander....something in which your organization was NOT engaged against him. But that's what HE'S doing. Fight fire with fire. YOUR case would be ever so much more legitimate than his. Sad. Egocentric idiot he must be. Be happy he's gone. TonyDi
	"Almost famous"
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