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gamerfreak
gamerfreak
Joined: Dec 28, 2014
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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
sabre
Joined: Aug 16, 2010
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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
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
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
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
gamerfreak
Joined: Dec 28, 2014
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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
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
DJTeddyBear
Joined: Nov 2, 2009
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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
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
heatmap
Joined: Feb 12, 2018
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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

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