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#84382 - 03/17/07 12:37 AM
Upon Recent Review of Privacy Rights
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Nova
Registered: 11/27/06
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I've recently reviewed the "Privacy Rights" of both United States of America. This was brought on my the ongoing discussion in OpNet 2017 IC thread titled "I Am Done With My Temples." American Law - Appropriation of Name or Likeness - The American version of Privacy Rights pretty much says that your rights of likeness, name, etc., are protected from commercial benefit. Other states have not limited this to commercial benefit, but personal benefit as well. This is a law that is currently being tested with cases like ETW Corp. v. Jireh Publishing, Inc in 2003. The case came to the conclusion that the painting was an expression of an idea, and not merely a recreation of a image, so it was protected under the First Amendment. A more hazy picture of Privacy Rights is included within The Winter Bros v. DC Comics. Mexican Law - Privacy Rights under Mexican Law - Again, another page of legal babble. It comes down to if you have received any consequential damages or losses, or moral damages from the 'violation'. "Moral damage is understood as the injury a person suffers in his sentiments, affections, beliefs, decorum, honor, reputation, private life, configuration and physical aspects, or in the opinion that others have about that person. It will be presumed that moral damage was inflicted when the liberty or the physical and psychological integrity of any person is violated or deteriorated" I am not sure that law has made a huge stride into more specifics of privacy rights from now until 2017, or whether Novas have to do with anything in that area. But under American Law, it would seem an argument could be made against the creation of the statues, in that they are merely recreations of the images of Novas. But it seems to me, under Mexican Law, that no crime has been committed. The lives of the Nova's were not negatively effected in any manner described above. I am not even sure how these laws translate across borders. Why I decided to post this I am unsure. It relates to a subject, and I need something to do, I s'pose. If you know more of Law, or trip over something that I previously did not know, please strike up conversation.
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#84440 - 03/17/07 02:10 PM
Re: Upon Recent Review of Privacy Rights
[Re: Revenant]
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Nova
Registered: 11/22/06
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Waste of time bro.
Now that Lame Alice has made the damn things no other character can destroy them without the player's consent.
He good at switching up his stories like that. Frankly a list should have been presented of which statues Good Alice made of what novas prior to announcing the completion of them. And you assume that I would not let other destroy them. How much fun it must be to be in your wold. I offered LA, that we could do what we are doing in the story off camera. She choose a story.I am happy because this option, but I would not have changed the out come had she chosen to do so off camera. I am enjoying the simple story and I understand she is enjoying it as well. And do not ask people do think you would not do yourself.
_________________________
I'm a different person. I turned my world around
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#84456 - 03/17/07 03:40 PM
Re: Upon Recent Review of Privacy Rights
[Re: Courier]
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Nova
Registered: 01/20/01
Loc: Apex, NC.
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Pretty near every nova is a public figure. Other people can make art of public figures without permission. Racist and not true. Being a nova does not automatically make you a public figure. Moreso, using that nova's image for profit, or to cause emotional, or financial damage, is illegal. The problem lies in that the nova has to prove the damage was suffered. If the defense is "well, they're a nova" the defense will be the Zurich Accords.
_________________________
First, last, and always, the only person you have to live with is yourself. If you can't do that, what's the point?
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#84577 - 03/18/07 12:47 AM
Re: Upon Recent Review of Privacy Rights
[Re: Catalyst]
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Nova
Registered: 11/27/06
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Ravenshire/Preston brings up a good point. It's not necessarily misappropriation of likeness that had Lou Anne originally on the warpath about this so to speak. It's the Graven Images aspect with regards to the Statues being revealed in the I've finished my Temples thread in such a way that is sounded like they were intended to placed in the temples.
But also (not easy to prove in court necessarily) but a version of Defamation of Character relating to that... If there are statues of you in existance, some people will assume (rightly or wrongly) that you, the depicted, approved the statue. For some that creates a situation that is unacceptable, especially if combined with the religious/philosophical bent mentioned earlier.
That is a very, very good point. Except that it has already been made painfully clear that the statues were not in the temples to be worshipped, nor did she ever imply that the lot of you had statues that might be being worshipped. She had made it clear enough that the statues were in her home, and not being worshipped, before she had to come out and yell it. Its kind of like being angry at someone who said "Hitler is not cool" because you just didn't hear the 'not' part. And as to word of these statues getting out, that is completely up to the people here. Alice stated very clearly that they were in her private home, and you could take the statues and do with it that you like. Seeing as you found this out over the OpNet from the person themselves, it is painfully obvious that this is not in the press. And the only way for word to spread is by others on the OpNet. So under the unlikely circumstances that a tabloid finds this out, travels to Mexico, breaks into a Nova's house, finds the statues, photographs the statues, and releases them before anyone takes a step in, all that would be released is that "Nova Shrine Discovered in Heart of Mexico!", which would show that someone very fucking good at sculpting. I think you are misinterpreting America upon seeing these statues. This is all just my outlook on the entire thing, and i'm sure that I am incredibly out of touch with America in AEONverse in the year 2017.
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#84600 - 03/18/07 12:06 PM
Re: Upon Recent Review of Privacy Rights
[Re: Jager]
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Nova
Registered: 09/27/06
Loc: Everywhere
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Racist and not true. Being a nova does not automatically make you a public figure. Moreso, using that nova's image for profit, or to cause emotional, or financial damage, is illegal. The problem lies in that the nova has to prove the damage was suffered. If the defense is "well, they're a nova" the defense will be the Zurich Accords. How often is nova "X" in the news papers? The tabolds? Have they ever done elite work? PU work? How many web sites exist devoted to them? Have they ever given a news interview? Say, after they erupted? It is possible for a nova to not be a public figure, maybe even without cipher, but if there are a dozen fan web sites devoted to you, it seems like a hard argument to make.
_________________________
Hauling things through the sky.
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