Yes, Those Are My Tonsils

Re:Yes, Those Are My Tonsils by jlarocco on Saturday July 02, 2016 @07:40PM (#12024206)

I've heard of one case where a photographer took a photo of a married couple in a restaurant, got a release from them, and used it in some advertisement. Later the photo was sold, and sold again, and eventually ended up in an anti-prostitution advertisement. IIRC the couple sued and the ad was removed, and they may have got damages.

There's also a case where a woman sued Getty images (and won) after her photo showed up in an HIV advertisement. http://nypost.com/2013/09/19/woman-sues-getty-after-photo-ap...

In those cases, the photos were a major component of the advertisement, and it was strongly implied the people in the photos were associated with prostitution and HIV. The picture in this article is such a generic looking stock graduation photo it might be hard to prove it's implying anything in particular about the subjects.

And it was taken in a public place, so there's no expectation to privacy.

He could try suing, but it probably wouldn't be worth it. Probably best to laugh it off and be happy he got an article out of it.

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Re:Yes, Those Are My Tonsils by toomanythings3 on Saturday July 02, 2016 @09:12PM (#12024427)

I don't see in the article that she won but this is different. She was posing for a photographer with the understanding it was to be used for an ad but they never got a release. It doesn't matter she was in a public place. The problem lies in that she was hired for one thing and it was used for another.

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