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View Diary: Romney ad features miners forced to lose pay during mandatory attendance at Romney event (88 comments)

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  •  Said upthread- Re "Is it Legal" (0+ / 0-)

    I am by no means an expert, and assume there will be suits like this coming. And as no one threw their guess I might as well try as it is interesting.

    But I would guess if you were forced to attend, you are not going to risk your job (just like you didn't risk by accepting the Company's requirement)

    But if someone did. I'd say they'd have a suit, winnable? Depends. Two recent examples.

    First the Southern Poverty Law Center Sending a Cease and Desist to some group that doctored a WEDDING PHOTO of a gay marriage that they had no rights to use.

    But today, I remember now reading this (long day), similar and I wonder if "event tickets" or something else would be the counter.

    A woman is suing the Orlando Magic because they used her in a Magic Jersey for marketing purposes. This is like as of Friday. This discussion shows the two viewpoints and suits pretty well.

        n the lawsuit, Slavin said the ads, banners and billboard have caused "uncomfortable and embarrassing encounters and questions" from friends, family and co-workers. The document alleges her public image was altered by the unauthorized use.

        "People have asked her, 'When did you get into modeling?' '' Hornsby said.

        Slavin, a social worker who assists mentally ill and homeless clients in Seminole County and volunteers to help children who have been sexually abused, did not seek attention, Hornsby said. He described her as a private person who would not comment for this story.

        The lawsuit seeks damages in excess of $15,000, the statutory limit for a civil claim in Circuit Court.

        But the civil case, alleging invasion of privacy, infringement of publicity rights and misappropriation of her likeness, is no slam-dunk for her, said Darryl C. Wilson, an expert in intellectual-property cases and a professor at Stetson University College of Law.

        As an unknown "Jane Doe," Slavin lacks valuable publicity rights, he said.

        "She's no Jack Nicholson," he said, referring to the Oscar-winning movie star who is an über-fan of the Los Angeles Lakers and front-row fixture at Laker home games.

        Wilson pointed out that a disclaimer on the back of Orlando Magic game tickets also serves as a waiver of rights. It warns that the ticket-holder is giving the NBA team "the irrevocable and unrestricted right and license" to use the holder's image in "any medium or context" and specifically mentions promotional purposes "without further authorization or compensation."

        But Slavin's lawyer said no fan reasonably expects to surrender privacy rights simply by walking into a sports venue. Hornsby said the ticket's fine print also should not serve as a waiver or permission to allow the team to "plaster your face on a bus." He argued that Slavin, a Magic fan, was not merely a face in the crowd in the basketball team's ticket campaign, but a featured star, singled out because she was young and attractive.

        He said the team offered her nothing for using her image — not even tickets.

    So you have

    A. Romney "they sought attention" standing behind me
    A1. Dissenter- I was forced to

    B. They are not famous
    B1. I am not trying to made famous and in this case you are making me say something or imply I support something I do not.

    C. If there are any disclaimers or fine print.
    C1. I was worried I'd lose my job

    Best would be them to find someone like the Southern Poverty Law Center, but a group more specific to voting/electoral fairness/speech. Get them to write a cease and Desist. Like the below:

    http://www.splcenter.org/....

    Hope I somehow helped. I don't intend to be legal advice, as I am learning this as I write. Both my examples are different. And again I am sure by speaking out any would be risking their jobs (which again is arguably I think, a Constitutional issue, and prob not yet but would be an exception if it went far enough to At will. If they weren't forced one thing. But forcing someone to attend a rally, then firing for speaking their mind if it becomes an issue, I think would be a public policy exception that could be carved out (ie you can't get fired even if at will for say 1. Serving Jury Duty 2. Reporting Crimes, so while at will "public policy" often carves out exceptions).

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