TCU Showgirl's likeness used for sportsbook banner ad

[Trelvis]

However if it was editorial or satire of some form based off the original, that has some useage rights where it is ok. Also being Obama - a public figure - there could be a whole variety of issues.

Im completely ignorant to these laws so I dont know, but wouldn't the TCU show girls fall under public figures? Who falls under that label?


**Edit** Nevermind, I found the thing about Obama. It was some guy who drew a picture from an AP photo

The portrait illustration for these posters were based on an AP photograph taken by Mannie Garcia, depicting Obama at a panel discussion at the National Press Club in 2006. AP claimed that the drawing violated its copyrights, and after publishing a news story on the issue, demanded an undisclosed amount of compensation.

Fairey then filed a lawsuit in U.S. District Court in Manhattan, claiming that he did not violate the copyright of the April 2006 photograph because he dramatically changed the nature of the image. Fairey is currently represented by the Center of Internet and Society at Stanford University, arguing that his use of the AP photo falls under "fair use."



http://www.suite101.com/content/obama-hope-poster-artist-gets-sued-a97088#ixzz13btJoGZd

 

[Bonner4Prez]

I thoughts once it had been changed even a little bit, its no longer the same photo. I know there was an uproar with the guy who took the Obama pic for his change poster or something, but he couldnt get the rights because the photo was changed or something. I cant remember totally.

Yeah I was gonna mention the Obama pic. That guy substantially changed the image. Into the 3 colors or whatever and turned it into art. In this case, minor facial adjustments that you can hardly notice.

Fair use is different than a picture taken for SI that the photographer still owns the copyright on. It is not an AP image.

 

[Endless Purple]

Im completely ignorant to these laws so I dont know, but wouldn't the TCU show girls fall under public figures? Who falls under that label?

Being a private university on private property would be a factor, however it would probably come down to whoever finds the best case law examples. She may not have a say over her usage. Either way though, the photographer still owns the copyright to the photo. It would just be a matter of not needing a model release, but still needing the photographers permission.

**Edit** Nevermind, I found the thing about Obama. It was some guy who drew a picture from an AP photo

The portrait illustration for these posters were based on an AP photograph taken by Mannie Garcia, depicting Obama at a panel discussion at the National Press Club in 2006. AP claimed that the drawing violated its copyrights, and after publishing a news story on the issue, demanded an undisclosed amount of compensation.

Fairey then filed a lawsuit in U.S. District Court in Manhattan, claiming that he did not violate the copyright of the April 2006 photograph because he dramatically changed the nature of the image. Fairey is currently represented by the Center of Internet and Society at Stanford University, arguing that his use of the AP photo falls under "fair use."



http://www.suite101.com/content/obama-hope-poster-artist-gets-sued-a97088#ixzz13btJoGZd

A drawing of a photograph - I would hate to be working that case. Personal opinion is that I would side with the illustrator unless there was something extraordinary or extra identifiable about that photo.

 

[WhaleBurger]

I would even forward it along to the university. It's one thing to get an email from someone claiming to be the photographer/copyright owner another to get a letter from the school's counsel.

 

[tcujsauce]

Whitley Leiss is my favorite former showgirl... Love them brunettes.

Creeper much?