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I am a little miffed about it because they did not ask my permission, and I had no idea a photo was even being taken.
I assume there is nothing I can do about it?
How was it used by marketing? Is there a caption or description or advertising copy?
Then the crucial question: was there a sign anywhere in the casino saying you might be photographed?
Quote: AlanMendelsonThere are a lot of things you can do including sue them. But is it an individual photo of you-- for example, sitting at a machine-- or are you in a group shot or a line at the buffet, or walking inside the casino?
How was it used by marketing? Is there a caption or description or advertising copy?
Then the crucial question: was there a sign anywhere in the casino saying you might be photographed?
My limited knowledge of the law is that in public you have no expectation of privacy, so anyone can take photos of you.
The photo was of a group at an outdoor bar area, and I am very clearly visible in the background.
I am not so upset about it that I would sue, Id just rather my photo at a bar/casino not be broadcast.
It also pisses me off that this happened, yet last time I took a photo in the casino I was screamed at (I think I posted about the incident a while back).
I'm in the advertising business. I know.
Unfortunately you're in the background. And the casino probably posted signs that a photo shoot was taking place.
No check this time. Sorry.
Quote: AlanMendelsonIt is an issue of using your photo for commercial purposes.
I'm in the advertising business. I know.
Unfortunately you're in the background. And the casino probably posted signs that a photo shoot was taking place.
No check this time. Sorry.
I am very sure there were no such signs. It wasnt an official photo shoot, just some marketing person who took an impromptu social media photo on their phone.
Im also not looking for a check.
On their phone???Quote: gamerfreakI am very sure there were no such signs. It wasnt an official photo shoot, just some marketing person who took an impromptu social media photo on their phone.
So you were aware that the photo was being taken? Or are you assuming?
Also, does this casino allow photography? Some not only allow it, they encourage it.
Quote: DJTeddyBearOn their phone???
So you were aware that the photo was being taken? Or are you assuming?
Also, does this casino allow photography? Some not only allow it, they encourage it.
I guess I did contradict myself a bit there.
Allen had suggested that maybe it was a staged photo shoot with a professional photographer and signs posted. I dont believe this was the case. In the photo I am looking directly towards the camera, and I think I would have noticed a professional photo shoot. The photo also looks super impromptu and not from a professional camera.
Although I do feel my privacy was violated, Im not that upset about it and am mostly posting about it because I thought it might make for an interesting discussion.
I have never been to a casino that encourages photography. Last year I was rudely rebuked for it at Borgata, which is another reason this whole situation annoys me -https://wizardofvegas.com/forum/off-topic/general/35082-cell-phones-in-casinos/
Quote: gamerfreakThe photo also looks super impromptu and not from a professional camera.
An aside, I've heard a pro say they can get pretty good shots from a good phone camera these days.
Quote: gamerfreakA casino posted a marketing photo of me on social media. I am fully visible.
I am a little miffed about it because they did not ask my permission, and I had no idea a photo was even being taken.
I assume there is nothing I can do about it?
Unless the photo implies you are endorsing X, it appears they can do this: https://www.nolo.com/legal-encyclopedia/question-unauthorized-use-of-photo-28285.html.
Bad example because...Quote: ChumpChangeYou go to a televised poker tournament, there will be photography/video inside the venue.
A. As a poker player, or even a spectator, you already know that its gonna be televised, so you know you might be on camera.
B. There are still signs by the room entrance advising that therell be filming.
C. Its included in the disclaimer players sign when they sign up for the tourney.
So the point is... professional shoots sometimes are carried out with cell phone cameras.
There are also 4G minicameras about the size of a tube of toothpaste.
The big point here is simple. If you showed up in a commercial photo without warning and without an option to exclude yourself, you're entitled to be paid.
When Caesars has TV and film shoots they have signs warning customers they could be filmed.
I was at a show in the Colosseum and it was announced that parts of the show and audience shots would be recorded. Then the PA announcer said... "if you dont want to be seen sitting next to him or her move now."
I think the rule in the UK is if it is a news picture and you just happen to be in the background, then tough. You could sometimes see me on Match of the Day at Premier League matches when Southampton were away and I was on the front row. Personally I like people in a landscape to give a sense of scale and if possible ask them if they mind.
^ I don't tend to shoot video but I have one camera (Sony RX100), about the size of a pack of cards, that can shoot 4K and take bursts of 24 frames/sec of 20M photos.
Quote: zippyboyIf you were at an outdoor bar area, you were probably photographed a dozen times while you were there and didn't know it. Red light cameras, ATM cameras, security cameras and every other patron at the bar had a camera in their pocket, taking pictures of their meals and of their friends and then posting to Facebook. You must have been in the background of those too, but you don't seem upset about that.
Of course pictures are always being taken of you in public, especially a casino. However its usually not broadcast to a mass audience for advertising purposes.
You really cant see the difference?