Tuesday, September 06, 2011
Can failure to leave be contractually binding?
I'm used to thinking of this for websites, but this sign from the filming of the Avengers movie says that by remaining in the area you consent to any use of your likeness etc. in the film and promotions for the film. Setting aside that it doesn't conform with the written consent requirements for, say, NY's right of publicity, if this is a public space, is there any way in which this is actually enforceable? There should be no valid cause of action for presence in the film itself, and because of that no valid cause of action for the ads, but with today's metastasized right of publicity I have to wonder.