Getting sued for taking photos!

Started 4 months ago | Discussions thread
Encomiast Forum Member • Posts: 61
Re: Getting sued for taking photos!

AZBlue wrote:

You're the one who used the term "claim of fact", I was simply replying to you and using your own wording. Scroll up. You shouldn't be using words if you don't understand their meaning.

Really? Here's the first use of the term from your post here :

You seem to be under the wrong impression that I'm making any claims of fact

If I brought it up earlier, please point out my post.

Your opinions are also unsupported. Please support them, as I have seen none. You posted links to cases, none of which are relevant to the facts of this discussion.

Actual cases that have nothing to do with the questions being asked here. How helpful!

I'll state my opinion as simply as possible: there is little evidence that owning property means you also own the right to prevent photos of that property from being used even commercially. There are privacy torts such as public disclosure of private facts or Intrusion upon seclusion that one could run up against, but that doesn't seem likely in this case.

Additionally there is case law testing various theories (conversion, trademark, copyright, privacy, etc.)—in every case that I can find the property owners lost. To support that, I pointed you the case Robinson v. HSBC BANK USA. In this case HSBC used images of the plaintiffs' house in an advertisement. The owners lost and the case (if you would just read it) directly supports my opinion stated above. I also pointed you to The ROCK & ROLL HALL OF FAME AND v. GENTILE PRODUCTIONS, a very famous case which involve both property and trademark. Again, the property owner lost. I will concede, I did not present a case involving horses, so if that's what you mean by 'have nothing to do with the questions being asked here', then I suppose you have a point. I don't know of any case that supports a theory that property ownership includes the right to control images of that property. Do you?

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