...Puts Cursor to White Space, THINK TWICE #cupcake!
If you, Kathy Amidon, think you're immune because this is CA law...think again! TN has WMC Laws as well. You WILL be charged in BOTH States. INTENT, cupcake! It's all about INTENT!3. Appropriation
Introduction
Pursuant to the Cal. Civ. Code § 3344, a person may sue for having their photograph used for a commercial purpose without his or her consent. A victim of the online publication of intimate (intimate is NOT the keyword here, INTENT is) photos or videos may sue the user of the material if s/he can argue that the user is deriving a commercial benefit from the material’s publication (an eBook is something you think people will buy, you're wrong... However, should you make a dime, bitch? That DIME is MINE!).
Text of the Statute
“(a) Any person who knowingly uses another's…photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent…shall be liable for any damages sustained by the person or persons injured as a result thereof…
Let's go over this again, cupcake:
“(a) Any person who knowingly uses another's…photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent…shall be liable for any damages sustained by the person or persons injured as a result thereof…. (an eBook is ALL of the ABOVE. Chew on THAT, fucking "#cupcake!)
And, again, cupcake:"...photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent..."
Not only do you NOT have my permission, you have been told in explicit terms that you are NOT to use anything of mine, text, Tweets, posts AND/or my image.
(b) As used in this section, "photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.
Let's go over this again, cupcake: Are you grasping this? That is, the fucking FACT that what you are doing is a CRIME?
(b) As used in this section, "photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable.
(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
And, again cupcake:(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.
THERE'S MUCH MORE CUPCAKE, MUCH MUCH MORE...
...Stay Tuned...
