| |
 |
 |
Privacy and Publicity Rights
Privacy and publicity rights reflect separate and distinct interests
from copyright interests. Patrons desiring to use materials
from this website bear the responsibility of making individualized
determinations as to whether privacy and publicity rights are
implicated by the nature of the materials and how they use such
materials.
While copyright protects the copyright holder's property rights
in the work or intellectual creation, privacy and publicity
rights protect the interests of the person(s) who may be the
subject(s) of the work or intellectual creation. Issues pertaining
to privacy and publicity may arise when a researcher contemplates
the use of letters, diary entries, photographs or reportage
in visual, audio, and print formats found in library collections.
Because two or more people are often involved in the work (e.g.,
photographer and subject, interviewer and interviewee) and because
of the ease with which various media in digital format can be
reused, photographs, audio files, and motion pictures represent
materials in which issues of privacy and publicity emerge with
some frequency. |
|
 |
|
"50 years of excellence"
Discover your potential in a
dynamic and upbeat
industry... |
|
 |
|
|
"National Pipeline
Industry Training Fund"
Recently, we applied and
received approval... |
|
|
|
|
|
|
The distinctions among privacy rights, publicity rights,
and copyright are best illustrated by example: An advertiser
wishes to use a photograph for a print advertisement.
The advertiser approaches the photographer, who holds
the copyright in the photograph, and negotiates a license
to use the photograph. The advertiser also is required
to determine the relationship between the photographer
and the subject of the photograph. If no formal relationship
(e.g., a release form signed by the subject) exists that
permits the photographer to license the use of the photograph
for all uses or otherwise waives the subject's, sitter's
or model's rights, then the advertiser must seek permission
from the subject of the photograph because the subject
has retained both privacy and publicity rights in the
use of their likeness. The publicity right of the subject
is that their image may not be commercially exploited
without his/her consent and potentially compensation.
While copyright is a federally protected right under the
United States Copyright Act, with statutorily described
fair use defenses against charges of copyright infringement,
neither privacy nor publicity rights are the subject of
federal law. Note also that while fair use is a defense
to copyright infringement, fair use is not a defense to
claims of violation of privacy or publicity rights. Privacy
and publicity rights are the subject of state laws. What
may be permitted in one state may not be permitted in
another. Note also that related causes of action may be
pursued under the federal Lanham Act, 15 U.S.C. §
1125 (a), for example, for unauthorized uses of a person's
identity in order to create a false endorsement.
While an individual's right to privacy generally ends
when the individual dies, publicity rights associated
with the commercial value connected with an individual's
name, image or voice may continue. For example, many estates
or representatives of famous authors, musicians, actors,
photographers, politicians, sports figures, celebrities,
and other public figures continue to control and license
the uses of those figures' names, likenesses, etc.
Although the risks for using an image in a periodical's
"editorial" pages may be less than for use in
advertising or for other commercial purposes, the risk
can still be high if the person depicted is held up to
ridicule or presented in a libelous manner. While it is
true that famous or public figures who seek recognition
have thereby surrendered some privacy, they may have the
right to control the commercial use of their image (likeness,
voice, signature, etc.). This principle recognizes that
a celebrity's image can be an asset in trade.
User Privacy and Cookies
For site management, this computer system uses software
programs to create summary statistics that are used for
such purposes as assessing what information is of most
or least interest, determining technical design specifications,
and identifying system performance areas. UA Local 663
collects and stores the following information:
" The name of the domain from which you access the
Internet
" The date and time you access our site
" The pages you peruse and files you access
" The Internet address of the Web site from which
you linked directly to our site
If you choose to provide us with personal information,
as in an e-mail message, UA Local 663 will use this information
to respond to your request. There are times when your
e-mail is forwarded within UA Local 663 to employees who
are better able to assist you. UA Local 663 may also forward
requests for assistance to another appropriate institution
for response. Except for the foregoing exceptions and
for authorized law enforcement activities, UA Local 663
does not share e-mail with outside organizations without
obtaining your permission.
UA Local 663 is following guidelines in the April, 2001
GAO Report entitled "Internet Privacy: Implementation
of Federal Guidance for Agency Use of "Cookies."
(GAO-01-424). "Cookies" are text files that
have unique identifiers associated with them and are used
to store and retrieve information that allow Web sites
to recognize returning users, track online purchases,
or maintain and serve customized Web pages. Cookies may
be classified as either "session" or "persistent."
Session cookies expire when the user exists the browser,
while persistent cookies can remain on the user's computer
for a specified length of time.
E-mail Spam Blocking
If you sent an e-mail directly to a UA Local 663 mailbox
and it was blocked, your e-mail may have been inadvertently
captured by our spam filter. UA Local 663 uses measures
that are generally effective against blocking spam. Any
approach to filtering, however, results in some legitimate
mail being lost. UA Local 663 continues to monitor the
situation to keep spam at a manageable level and minimize
the loss of legitimate e-mail. |
|
|
|
|
|
|
