Comments on: Itsy-bitsy picture of astronaut on album cover

By: Dirk D

Dirk D — Thu, 14 Oct 2010 02:16:14 +0000

In order to prevail under the CA RoP statute McCandless has to be readily identifiable in the photo. I don’t see how he makes that case, unless the photo is more famous than I am aware of (i.e. one who looks at it knows it’s him despite the space suit).

By: David Schwartz

David Schwartz — Wed, 13 Oct 2010 06:04:21 +0000

Unfortunately, right of publicity law is totally out of control. Kozinski's dissent in White v. Samsung is one of my favorites.

By: No Name Guy

No Name Guy — Tue, 12 Oct 2010 21:57:44 +0000

Wow. Don’t EVER use a crowd shot in any way for anything remotely commerical. Since you didn’t clear it with everyone in the crowd, you’ll get your @$$ sued off, especially if there happens to be a celeb-u-tard in the bunch.

By: Dan Weber

Dan Weber — Tue, 12 Oct 2010 21:55:21 +0000

He’s not claiming copyright, he’s claiming publicity. If NASA takes a picture of a Mentos box it doesn’t mean I can use Mentos’s logo at will.

IANAL.

By: mojo

mojo — Tue, 12 Oct 2010 17:39:26 +0000

I believe the photo was taken by NASA, who released it to the public.

Lotsa luck.

By: Stewart Peterson

Stewart Peterson — Tue, 12 Oct 2010 17:06:25 +0000

IANAL, but I second Dennis – what grounds does he have to sue? The federal government doesn’t copyright its documents or media, so the photograph is in the public domain, no? Doesn’t that mean that nobody has any rights to it?

By: gasman

gasman — Tue, 12 Oct 2010 16:36:30 +0000

McCandless can own his picture in space when he pays for his ride ticket. Right now a ticket is about $20,000,000 http://www.space.com/news/millionaire-space-tourist-wants-to-go-back-100609.html)

By: Richard Nieporent

Richard Nieporent — Tue, 12 Oct 2010 15:56:25 +0000

Not being a lawyer, I would be interested in hearing from an IP lawyer as to the likelihood that he will win his lawsuit. Since Sony paid for the right to use the photograph, it would seem to me that Bruce McCandless’ likeness would have to be visible before he can win such a claim. After all it could just as well be Mohammed inside the Bear Suit … er … space suit as Bruce McCandless.

By: Dennis

Dennis — Tue, 12 Oct 2010 13:24:16 +0000

Was it a government taken photo of a government employee/public servant doing public work while on the public payroll? Then it’s out photo, too.

By: L Nettles

L Nettles — Tue, 12 Oct 2010 13:17:29 +0000

They don’t make heroes like they used to.

Bureaucrats in Space.

Will they sue the Muppets next, surely he is identifiable as Pigs in Space.