Comment Who should own our identify? (Score 1) 27
What strange times we live in. Your identify and likeness can be trademarked, copyrighted, and negotiated away in a contract. What does that mean to all those who know that person or are related to them or are part of the fandom? I remember the controversy when Lucas released the digitally enhanced versions of the Star Wars films which produced the "Han Shot First" movement. Various groups worked to 'preserve' the 'original' movies and produce the same high quality format used in the new films. The Lucas lawyers were swift and vicious. Copyright obviously gives the legal ownership to the copyright holder. But... what of everyone else involved in the production of the media? What of the fandom? Lucas was later quoted as saying, "Grow up. These are my movies, get over it." Is that... true? Do we really have no say with what is done with the ideas that now live in our memories and culture? Is that... what we want? How far we can we even open such concepts to negotiation? Without any legal protections, would that landscape be better or worse for 'protecting' the content and ideas?
I remember a story from the Before Times, about a first responder who captured photos of a particularly bad car accident. They later released those photos online. There was some Streisand effect that eventually led to a court case where the family was trying to argue that the photos of their deceased loved one should be taken down. The judge ruled that as distasteful as the photos might be, there was no legal protections for the images of the dead.
In March 2008, it was dismissed by a superior-court judge, who ruled that while the dispatchers' conduct was "utterly reprehensible," it hadn't violated the law. "No duty exists between the surviving family and defendant," the opinion reads, because privacy rights don't extend to the dead. "It's an unfortunate situation, and our heart goes out to the family," says R. Rex Parris, the attorney representing O'Donnell. "But this is America, and there's a freedom of information."
Perhaps they should have copyrighted their loved one?