RIGHT OF PUBLICITY [ You Are On This CLICKs PAGE ]
- MARINE MURDERER WAS BAITCLICKED, TOO (c) Carrie Devorah
- SO YOU THINK YOU CAN SELL THAT AUTOGRAPH? (c) Carrie Devorah
SONY’s FILM TOOK AIM AT AMERICA’s BIGGEST TABOO NOT N. KOREA’S (c) Carrie Devorah
KIM JUNG, SETH & SONY & THE PRICE OF FREE SPEECH PARODY SOMEONE FEELS HUMILATES THEM (c) Carrie Devorah :
THE DEATH OF KLINGHOFFER IS A MALICE OF RIGHTS (c) Carrie Devorah
- CALIFORNIA JUDGE DONALD MILES GOT IT ALL WRONG ABOUT LAWYER SVITLANA SANGARY'S PHOTOSHOPPING CRIME (c) Carrie Devorah
- DEAD LIKE VIVIAN MAIER: PROPS FOR PROFITS- OR ARE THEY? (c) Carrie Devorah
- THE DEATH OF KLINGHOFFER IS A CONVERSATION INCLUDING RIGHTS NOT JUST ANTI-SEMITISM (c) Carrie Devorah
- GEHRY AND THE GENERAL aka Making A $40 Million Conversation A Heck Of Alot Simple (c) Carrie Devorah
- HEALTHCARE.gov's POSTER GIRL FOR RIGHT OF PUBLICITY (c) Carrie Devorah
MARINE MURDERER WAS BAITCLICKED, TOO (c) Carrie Devorah:
Baitclicking is one of those dirty marketing secrets that impacted the Marine Murderer too. Being outed by his Mugshot for his DUI circulated online was a trigger in the slaughter he committed.
President Obama went to prison days after commuting 46 prisoners sentences. President Obama stumbled at giving these felons a chance at an unencumbered new start.
November 2015, these prisoners will be on the streets. Their sentence may be commuted. The felons are forever “jailed” by their mugshots that are posted online and printed in magazines by profiteers. Those photos haunt the commutants ability to start new lives.
Less than a week later, Kuwaitee Muhammad Youssef Abdulazeez, murdered five Marines at the Chattanooga Navy Yards. Abdulazeez had written in his high school year book "My name causes national security alerts. What does yours do?" Abdulazeez suffered from depression. Fuel to his depression was when Abdulazeez’ mugshot publicized after a DUI.
Abdulazeez had been Baitclicked.
Baitclicking is the use of photos to entice readers to click on the photo. A pseudo story accompanies the photo. Some stories hawk product. Some clicks are of celebrities. One baitclick seduces readers wanting to know what “Ophra Lied” about. Other baitclicks use mugshots. A mugshot is taken when someone is booked. Booked does not mean convicted. The man who kept three kidnapped women for a decade in his house was a popular click for a while. The “hottest conman” made the rounds a bit back. “Hottest Chicks” is another theme. Mocking funny mugshots is another theme, too.
Mugshots were put online in the race to do what others did, making public information accessible and profitable. The legal blowback to jurisdictions allowing their information online was not thought through. Steps were not taken to protect those named and/or pictured.
The impact of abuse of public information was and is becoming a cost to cities and states, as understanding of prisoners’ rights is growing. A sub business of illegal profiting from Mugshots is paying to have your mugshots removed. There may or may not be relationships between the entities putting mugshots online and in print, are related or profiting from the entities that ask payments of about $400 - $1500 to remove the mugshots. Print versions of online mugshot magazines, sell for $1.00. The “newspaper” alleging they serve an educational role, have been reported to have declining sales. As with anything else, novel ideas start popular, then wane out in audience interest.
Abdulazeez’ personal circumstance became profit for a swelling startup- using freed public information to profit from. Tribute sites, prison records, facebook pages and twitter feeds have fallen victim to data being taken first then taken down, maybe, after a complicated take down process and/or fees paid and/or hiring a lawyer.
There are laws preventing this online abuse from starting. These laws are ignored by Search Engines, Venture Capitalists and ICANN, overseeing the registries that rent website domain names. Domain names are not bought. They are of use only as long as fees are paid.
Federal law does not allow the publishing of mugshots. The Privacy Act of 1974 says “The Privacy Act of 1974, 5 U.S.C. § 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual.”
The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. Click here to see a list of DOJ systems of records and their Federal Register citations. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements.
It is a misconception that State law allows mugshots to be published online. Felons, criminals and booked are people, too. Rules of image protection are state issues. Each states laws to image protection vary (http://www.rcfp.org/rcfp/orders/docs/POLICE.pdf). The laws that may be violated with using another person’s identity to make money include Right of Publicity and Right of Privacy.
Back in 2013, a White House petition was submitted to stop “Baitclicking” of Mugshots . No word was said yet by the White House if Baitclicking is their next step to reform criminal justice, and protect the Rights of Privacy and Publicity the Venture Capital backed startups have been whoring out.
“Busted Paper” does not print retractions when the person in the mugshot is found innocent. “Just Busted” ran the wrong names for photos of two men accused of being deadbeat dads. The dads, as it turned out were dead. A local reporter hungry for airtime appears did not do diligence to research his bit before airing his piece.
Hennepin County Public Defenders Office managing attorney says Bob Sorensen . Sorensen points out lives are permanently changed after mugshots are posted on these websites. Sorenson says, “This is very disturbing to a lot of people and the consequences for people whose mugshots are included are much wider than most people think,” . The Ohio ACLU weighed in stating that information of a crime is public yet abusing the prisoner’s rights, this way, is not correct.
A mugshot printed in a tabloid is not defamation if the publication accurately reports the information of that arrest. Accurate reporting is not always the case.
In 2012, Ohio Scott Ciolek filed a class action law suit against the websites justmugshots.com, bustedmugshots.com, mugshotsonline.com, findmugshots.com — as well as mugremove.com, a reputation clearing site, focusing on Rights To Publicity. Ciolek points out the photos are often unflattering and that the booked person may have been exonerated of the alleged crime.
An unfortunate pushback to baitclicking is to start a countersite publishing the images of the publisher and staff who are accountable to the law for violating the booked person’s rights. There is a move called “check the box” taking on the requirement a felon has to tell a prospective employer or landlord of their record. “Check the box” will have no worth until selling of mugshots and other peoples images online without permission is stopped.
There is a more real pushback to take. This pushback is against the Search Engines, the domain registries and ICANN that works with the Search Engines that form the Internet network, the venture capitalists funding startups engineered to gather private data. Getting justice may be too hard and too buried.
Europe has begun the Right To Remove. Vint Cerf, the ‘father of the Internet,’ said Al Gore was put in to the Senate to make the Internet happen. Is Gore ground zero?
America is the creator of the Infrastructure that allows domain names to exist, is at root fault, ground zero for all this internet madness. That infrustructure, IANA, is projected to have Trillion dollar profit potential. Current profits, rising in two years to almost ½ billion dollars are not repaid back to tax payers. There is a push to pull IANA from American taxpayers, by September 2016.
The shooting murders by Abdulazeez, shamed by personal information made widely public is not even a hint of what will come. It is a sockwind showing how the breeze will flow.
SO YOU THINK YOU CAN SELL THAT AUTOGRAPH? (c) Carrie Devorah :
InTouch magazine ran a piece called "KATY's FIRST LOVE TELLS ALL!" reporting her middle school boyfriend was selling their loveletters.
Good news for Katy is that selling Love Letters using her name, for profit, without her written,expressed permission and, in K.P.'s case, most likely license, is a violation of Perry's Rights To Privacy and Rights To Publicity.
Even 11 year old girls turned rockstars are entitled to the expectation their inner most feelings remain that.
Tell-alls come with one price. Show-To-Sell-All comes with a very different price tag- California Civil Code 3344, "Right of Publicity protects a person's right in his or her name and likeness" even childhood love letters.
Ms. Perry and all other celebs are protected by Life+70.
Dude, if it wasn't for fear of bad press from taking action Ms. Perry could take against you, my guess she would be right on it. But that is the way of being a Celeb in a world of TMZ and Digital Trespassing, nothing is left to the imagination, any more...
Ms. Perry, count your blessings. Any man that kiss and tells and then decides to sell is that frog you are happy is left in your 'warts & all' dust....
SONY’s FILM TOOK AIM AT AMERICA’s BIGGEST TABOO NOT N. KOREA’S (c) Carrie Devorah :
KIM JUNG, SETH & SONY & THE PRICE OF FREE SPEECH PARODY SOMEONE FEELS HUMILATES THEM (c) Carrie Devorah :
THE DEATH OF KLINGHOFFER IS A MALICE OF RIGHTS (c) Carrie Devorah :
The Death Of Klinghoffer is an actual malice violating the Rights of the Klinghoffer family.
Rights of Identity, Rights of Publicity and Rights of Privacy.
This play is potentially an act of defamation violating a man, his likeness, his identity, his voice, not just here but to every signer of the Berne Convention where Death Of Klinghoffer is staged, performed or streamed through the wires or each country where it the script is mailed.
At each and every performance where the actor playing Leon or the actress playing his wife, or someone is playing Leon's murderer are committing the most basic form of identity theft as defined in the Penal Code, "by acting as that other person or by using personal identifying information of that other person."
New York Right Of Publicity is codified in to New York's Right of Privacy Statute, Article 5 of New York Civil Rights, Section 50 and 51.
New York right of Publicity Law, "using the name or likeness of another"- VIOLATED.
Section 51, "protecting a person's name, portrait, picture or voice"- VIOLATED.
Copyright law, "Life+ 70". Copyright law protecting Leon Klinghoffer's look. Klinghoffer was murdered in 1985. "Death Of Klinghoffer" staged at New York City's Metropolitan Opera in 2014. America is a signator to the Berne a convention as are over 126 other countries, some of which are staging "Death Of Klinghoffer." Each nation signed to the Berne Convention is accountable to Life+ 70.
The inhumanity of the Met staging "Death of Klinghoffer" was funded by State and Federal dollars. 1/2 million dollars came from New York City's Department of Culture. $1 million came from State.
Whether someone is a Leon Klinghoffer or a celebrity crying out about loss of privacies in a technology world, "The Death Of Klinghoffer" is all of us- Jewish, Arab, white, pink more purple- will end up somewhere, at some time, losing rights, publicity, privacy, identity- to the hands of others- unwanted.
Exit- staged left.
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