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gamerfreak
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March 16th, 2021 at 8:06:24 AM permalink
A 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?
sabre
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March 16th, 2021 at 8:12:22 AM permalink
My guess is an email or direct message politely but firmly requesting that it's be taken down would work.
AlanMendelson
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March 16th, 2021 at 8:32:38 AM permalink
There 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?
gamerfreak
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March 16th, 2021 at 8:39:59 AM permalink
Quote: AlanMendelson

There 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, I’d 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).
AlanMendelson
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March 16th, 2021 at 8:45:14 AM permalink
It 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.
gamerfreak
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March 16th, 2021 at 8:47:21 AM permalink
Quote: AlanMendelson

It 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 wasn’t an official photo shoot, just some marketing person who took an impromptu social media photo on their phone.

I’m also not looking for a check.
AlanMendelson
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March 16th, 2021 at 8:52:23 AM permalink
I'm sorry it didnt happen to me. I'd take the check. LOL
DJTeddyBear
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March 16th, 2021 at 9:35:03 AM permalink
Quote: gamerfreak

I am very sure there were no such signs. It wasn’t an official photo shoot, just some marketing person who took an impromptu social media photo on their phone.

”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.
I invented a few casino games. Info: http://www.DaveMillerGaming.com/ ————————————————————————————————————— Superstitions are silly, childish, irrational rituals, born out of fear of the unknown. But how much does it cost to knock on wood? 😁
billryan
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March 16th, 2021 at 10:07:28 AM permalink
Years ago, I had a dispute with the Sands AC over something. They insisted there was a sign prohibiting it and when pressed they walked me to a remote corner, closer to the front desk than the casino itself where there was a 4x6 inch placard saying no photography.
The difference between fiction and reality is that fiction is supposed to make sense.
heatmap
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March 16th, 2021 at 10:12:15 AM permalink
At wind creek the sign is at the front desk because they take photos of everyone for facial recognition
gamerfreak
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March 16th, 2021 at 10:23:17 AM permalink
Quote: DJTeddyBear

”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.


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 don’t 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, I’m 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/
rxwine
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March 16th, 2021 at 12:10:11 PM permalink
Quote: gamerfreak

The 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.
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ChumpChange
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March 16th, 2021 at 2:25:36 PM permalink
You go to a televised poker tournament, there will be photography/video inside the venue.
IndyJeffrey
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March 16th, 2021 at 6:25:29 PM permalink
Quote: gamerfreak

A 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.
DJTeddyBear
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March 17th, 2021 at 2:44:21 AM permalink
Quote: ChumpChange

You go to a televised poker tournament, there will be photography/video inside the venue.

Bad example because...

A. As a poker player, or even a spectator, you already know that it’s gonna be televised, so you know you might be on camera.

B. There are still signs by the room entrance advising that there’ll be filming.

C. It’s included in the disclaimer players sign when they sign up for the tourney.
I invented a few casino games. Info: http://www.DaveMillerGaming.com/ ————————————————————————————————————— Superstitions are silly, childish, irrational rituals, born out of fear of the unknown. But how much does it cost to knock on wood? 😁
AlanMendelson
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March 17th, 2021 at 2:51:58 AM permalink
Most cell phones today shoot high definition stills and video. iPhones are used for TV shows. My cameramen have used iPhones to get shots when traditional video cameras are too large to maneuver in small spaces.

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."
zippyboy
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March 17th, 2021 at 7:30:59 AM permalink
If 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.
"Poker sure is an easy game to beat if you have the roll to keep rebuying."
charliepatrick
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March 17th, 2021 at 7:32:35 AM permalink
Many years ago I do remember you weren't allowed to take photos in most casinos, the ones I have taken in UK ones have been with the permission of the manager (of a new game or something similar, i.e. no people). However on a Las Vegas trip one casino (Excalibur?) was quite happy for you to take photos, and I remember taking some in the Sands (LV) on football night in their betting hall. I have sometimes seen notices saying filming is taking place.

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.
gamerfreak
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RogerKint
March 17th, 2021 at 8:40:50 AM permalink
Quote: zippyboy

If 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 it’s usually not broadcast to a mass audience for advertising purposes.

You really can’t see the difference?
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