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Michael Beason

Thu, Aug 6, 2020 9:36 PM

Greetings All:

I hope you're all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S. §1449(A). I've found only four (4) case law decisions and none are specifically on point ... Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 and Bates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a "photograph" under §1449(B)

My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured?

At this juncture I can see the argument for and against. Any input is appreciated.

Thank you all.

Greetings All: I hope you're all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S. §1449(A). I've found only four (4) case law decisions and none are specifically on point ... Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 and Bates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a "photograph" under §1449(B) My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured? At this juncture I can see the argument for and against. Any input is appreciated. Thank you all.

RK

Rick Knighton

Thu, Aug 6, 2020 9:38 PM

We have always advised conservatively on this issue - i.e., get a release.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Thursday, August 06, 2020 4:36 PM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Right of Publicity

Greetings All:

I hope you're all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S. §1449(A). I've found only four (4) case law decisions and none are specifically on point ... Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 and Bates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a "photograph" under §1449(B)

My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured?

At this juncture I can see the argument for and against. Any input is appreciated.

Thank you all.

We have always advised conservatively on this issue - i.e., get a release. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason Sent: Thursday, August 06, 2020 4:36 PM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Right of Publicity Greetings All: I hope you're all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S. §1449(A). I've found only four (4) case law decisions and none are specifically on point ... Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 and Bates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a "photograph" under §1449(B) My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured? At this juncture I can see the argument for and against. Any input is appreciated. Thank you all.

HP

Harlan Pinkerton

Fri, Aug 7, 2020 2:19 AM

I agree, get a release of those depicted in the video.

Harlan S. Pinkerton, Jr.
900 N. McKinley
Sand Springs, OK 74063
H: 918-245-4527
C: 918-688-7465

-----Original Message-----
From: Rick Knighton Rick.Knighton@NormanOK.gov
To: 'Michael Beason' mbeason@altusok.gov; oama@lists.imla.org oama@lists.imla.org
Sent: Thu, Aug 6, 2020 4:38 pm
Subject: Re: [Oama] Right of Publicity

#yiv2458399272 #yiv2458399272 -- _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv2458399272 #yiv2458399272 p.yiv2458399272MsoNormal, #yiv2458399272 li.yiv2458399272MsoNormal, #yiv2458399272 div.yiv2458399272MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:11.0pt;font-family:sans-serif;}#yiv2458399272 a:link, #yiv2458399272 span.yiv2458399272MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv2458399272 a:visited, #yiv2458399272 span.yiv2458399272MsoHyperlinkFollowed {color:#954F72;text-decoration:underline;}#yiv2458399272 p.yiv2458399272msonormal0, #yiv2458399272 li.yiv2458399272msonormal0, #yiv2458399272 div.yiv2458399272msonormal0 {margin-right:0in;margin-left:0in;font-size:12.0pt;font-family:New serif;}#yiv2458399272 span.yiv2458399272EmailStyle18 {font-family:sans-serif;color:windowtext;}#yiv2458399272 span.yiv2458399272EmailStyle20 {font-family:sans-serif;color:#1F497D;}#yiv2458399272 .yiv2458399272MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv2458399272 div.yiv2458399272WordSection1 {}#yiv2458399272 We have always advised conservatively on this issue – i.e., get a release. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 |6 405.366.5425 |+rick.knighton@normanok.gov| þwww.normanok.gov This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama oama-bounces@lists.imla.org On Behalf OfMichael Beason
Sent: Thursday, August 06, 2020 4:36 PM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Right of Publicity Greetings All: I hope you’re all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S.§1449(A). I’ve found only four (4) case law decisions and none are specifically on point …Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 andBates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a “photograph” under §1449(B) My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured? At this juncture I can see the argument for and against. Any input is appreciated. Thank you all. --
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org

I agree, get a release of those depicted in the video. Harlan S. Pinkerton, Jr. 900 N. McKinley Sand Springs, OK 74063 H: 918-245-4527 C: 918-688-7465 -----Original Message----- From: Rick Knighton <Rick.Knighton@NormanOK.gov> To: 'Michael Beason' <mbeason@altusok.gov>; oama@lists.imla.org <oama@lists.imla.org> Sent: Thu, Aug 6, 2020 4:38 pm Subject: Re: [Oama] Right of Publicity #yiv2458399272 #yiv2458399272 -- _filtered {} _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv2458399272 #yiv2458399272 p.yiv2458399272MsoNormal, #yiv2458399272 li.yiv2458399272MsoNormal, #yiv2458399272 div.yiv2458399272MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:11.0pt;font-family:sans-serif;}#yiv2458399272 a:link, #yiv2458399272 span.yiv2458399272MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv2458399272 a:visited, #yiv2458399272 span.yiv2458399272MsoHyperlinkFollowed {color:#954F72;text-decoration:underline;}#yiv2458399272 p.yiv2458399272msonormal0, #yiv2458399272 li.yiv2458399272msonormal0, #yiv2458399272 div.yiv2458399272msonormal0 {margin-right:0in;margin-left:0in;font-size:12.0pt;font-family:New serif;}#yiv2458399272 span.yiv2458399272EmailStyle18 {font-family:sans-serif;color:windowtext;}#yiv2458399272 span.yiv2458399272EmailStyle20 {font-family:sans-serif;color:#1F497D;}#yiv2458399272 .yiv2458399272MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv2458399272 div.yiv2458399272WordSection1 {}#yiv2458399272 We have always advised conservatively on this issue – i.e., get a release. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 |6 405.366.5425 |+rick.knighton@normanok.gov| þwww.normanok.gov This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org> On Behalf OfMichael Beason Sent: Thursday, August 06, 2020 4:36 PM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Right of Publicity Greetings All: I hope you’re all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S.§1449(A). I’ve found only four (4) case law decisions and none are specifically on point …Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 andBates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a “photograph” under §1449(B) My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured? At this juncture I can see the argument for and against. Any input is appreciated. Thank you all. -- Oama mailing list Oama@lists.imla.org http://lists.imla.org/mailman/listinfo/oama_lists.imla.org

JM

Jon Miller

Fri, Aug 7, 2020 2:03 PM

I agree with Rickey. We require releases.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Rick Knighton
Sent: Thursday, August 6, 2020 4:38 PM
To: 'Michael Beason' mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] Right of Publicity

We have always advised conservatively on this issue - i.e., get a release.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Thursday, August 06, 2020 4:36 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Right of Publicity

Greetings All:

I hope you're all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S. §1449(A). I've found only four (4) case law decisions and none are specifically on point ... Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 and Bates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a "photograph" under §1449(B)

My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured?

At this juncture I can see the argument for and against. Any input is appreciated.

Thank you all.

I agree with Rickey. We require releases. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Rick Knighton Sent: Thursday, August 6, 2020 4:38 PM To: 'Michael Beason' <mbeason@altusok.gov>; oama@lists.imla.org Subject: Re: [Oama] Right of Publicity We have always advised conservatively on this issue - i.e., get a release. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Michael Beason Sent: Thursday, August 06, 2020 4:36 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: EXTERNAL EMAIL : [Oama] Right of Publicity Greetings All: I hope you're all well. My recreation Dept. has made an outstanding video depicting recreation areas in the city (City owned). The video has identifiable adults and minor children at play and enjoying themselves as a family. I am looking at the right of publicity under 12 O.S. §1449(A). I've found only four (4) case law decisions and none are specifically on point ... Woods v. Prestwick House, Inc., 2011 OK 9, 247 P.3d 1183 and Bates v. Cast, 2014 OK CIV APP 8, 316 P.3d 246 provided the greatest amount of analysis. Portions of the video fall under the definition of a "photograph" under §1449(B) My specific question is may a municipality use video depicting identifiable adults and minors to generally promote recreation activities and facilities and the Recreation Dept. absent the consent of those individuals pictured? At this juncture I can see the argument for and against. Any input is appreciated. Thank you all.