Re:Police sue rapper Afroman for using footage of home raid ...
by kube-system on Friday March 24, 2023 @01:03AM
(#35285273)
Yeah I was just using the archetypal advertising example as a demonstration of the angle they’re taking. I figured it was not legally sound.
Although, that might not cover the T-shirts…
Re:Police sue rapper Afroman for using footage of home raid ...
by schiffern on Friday March 24, 2023 @05:13AM
(#35286758)
>or newsworthy
These count as 'news', right?
https://www.wlwt.com/article/afroman-adams-county-home-raid/...
https://www.cincinnati.com/story/news/2022/08/23/afroman-hou...
https://reason.com/2022/12/05/cops-return-cash-seized-from-a...
https://hightimes.com/news/afromans-ohio-residence-raided-by...
https://www.tmz.com/2022/08/22/afroman-home-raided-police-oh...
https://www.tmz.com/2022/11/30/afroman-cops-stole-missing-mo...
https://finance.yahoo.com/news/afroman-calls-police-raid-hom...
https://www.dailymail.co.uk/tvshowbiz/article-11135971/Afrom...
...all this prior to releasing the song (the "commercial use"). This list is by no means exhaustive.
I think Afroman has a strong case for dismissal.
> Ohio Rev. Code Ann. § 2741.09 (A)(1): Right Of Publicity In Individual's Persona: Exceptions.
> (A) This chapter does not apply to any of the following:
> (1)(a) A literary work, dramatic work, fictional work, historical work, audiovisual work, or musical work regardless of the media in which the work appears or is transmitted, other than an advertisement or commercial announcement not exempt under division (A)(1)(d) of this section;
> (b) Material that has political or newsworthy value;
> ...
Source: https://codes.ohio.gov/ohio-revised-code/section-2741.09