publishing rights

[dukeman]

You're a fan at a golf tournament. Golf Digest takes your photo while you're out on the course. Do they have to get your permission to use your photo in an article about the tournament?

[teejaywhy]

Not a lawyer, but the use of the image determines the requirements for a "model" release.

According to this article, a model release is required when the photo is used for advertising or business promotion.
[url]https://asmp.org/tutorials/frequently-asked-questions-about-releases.html#.VVNUAPDLKIA[/url]

In your case, it seems to be a photo used in conjunction with a news article. No permission required.

[pbfoot]

Just graduated so since I am not yet licensed to practice DISCLAIMER: THIS IS NOT LEGAL ADVICE

That being said...no, they would not need your permission. You are in a public place so they have the right to take your picture. I don't know exactly what common law definition of "public" has been developed, but I doubt it would matter if it was a public or private course on a tournament day since it is effectively open to the public (I'm sure there are cases about this element...probably from one of the big-four sports stadiums).

The only relevant laws would be state statutes on publicity but at least in CA (and as mentioned above) the determining factor is whether your likeness is being used to promote/sell/advertise which is clearly not the case in reporting.

[golfgirlrobin]

There's really nothing you can do about publication. You've got no expectation of privacy in a public place, you are part of a newsworthy event, and the vast majority of event tickets have small print on the back where you acknowledge that your picture may be taken and used in coverage and for promotional purposes.

[pbfoot]

[quote name='golfgirlrobin' timestamp='1434595460' post='11773572']
There's really nothing you can do about publication. You've got no expectation of privacy in a public place, you are part of a newsworthy event, and the vast majority of event tickets have small print on the back where you acknowledge that your picture may be taken and used in coverage and for promotional purposes.
[/quote]

I'm not sure if tickets actually contain that language, or if they do if it would be enforceable at all, but even if it were it certainly would only extend to the use of your likeness in the background. Part of the analysis for rights of publicity issues is whether your likeness appears to be endorsing the product/service/etc., which goes to the prominence of your likeness in the photo. I seriously doubt a court would allow the PGA to use your face front and center and rely on small print on the back of a ticket. I think something like that would require a separate release.