To: The North Carolina State House, The North Carolina State Senate, and Governor Roy Cooper
Right to Publicity
The State of North Carolina should prohibit the unauthorized use of an individual's right to publicity for commercial purposes and stop the reproduction of arrest booking photographs. Furthermore; to prohibit charging a fee for removal of arrest booking photographs from a publication or website by requiring law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to provide for definitions; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for applicability; to provide for consent and transfer of an individual's rights; to provide for a civil action; to provide for damages; to provide for exceptions; to provide for criminal penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
see: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=hb+327&submitButton=Go
see: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=hb+327&submitButton=Go
Why is this important?
North Carolina does not provide a statutory basis for right of publicity claims. In 2009, the North Carolina legislature proposed, but did not enact, legislation that addressed the right of publicity.
Websites are publishing arrest booking photograph and charging fees for their removal. These website's siphon information from the sheriff's department databases under the Freedom of Information Act. Many of these victims are not guilty of any crime and are vindicated through the court system only to find that their record and mug shot is posted on the Internet causing irreparable damage and suffering resulting in making it difficult if not impossible to find employment.
I was arrested and charged with a litany of felonies; all of which were not true, and all of which were immediately dismissed by the district attorney. I have over 20+ years, an undergraduate degree, a master’s degree, and a successful career that had progressively moved forward. I have been looking at a job but cannot find one. Despite paying over $500 and providing the case resolution information to a number of these sites, my mug shot and information is still found on the web, and remains at the head of any internet search of my name.
It is imperative that the North Carolina legislature take HB 327 from the 2009 session out of the archives and pass this bill, protecting the citizens of this state from having their reputations ruined by extortionists website operators hiding be hind the Freedom of Information act.
references:
Florida : http://www.scribd.com/doc/58921958/An-Investigation-Of-arrests-org#download
Texas : http://www.fwweekly.com/2011/11/09/an-ugly-business/
Ohio : http://www.toledoblade.com/Courts/2012/12/05/Web-sites-profiting-from-mug-shots-sued-fees-charged-to-remove-online-images.html
California : http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1555&context=chtlj
http://www.citmedialaw.org/legal-guide/north-carolina-right-publicity-law
http://www.newyorkpersonalinjuryattorneyblog.com/category/kyle-prall
http://www.citmedialaw.org/blog/2011/mugshot-racket-paying-keep-public-records-less-public
http://www.fwweekly.com/2011/11/09/an-ugly-business/
Websites are publishing arrest booking photograph and charging fees for their removal. These website's siphon information from the sheriff's department databases under the Freedom of Information Act. Many of these victims are not guilty of any crime and are vindicated through the court system only to find that their record and mug shot is posted on the Internet causing irreparable damage and suffering resulting in making it difficult if not impossible to find employment.
I was arrested and charged with a litany of felonies; all of which were not true, and all of which were immediately dismissed by the district attorney. I have over 20+ years, an undergraduate degree, a master’s degree, and a successful career that had progressively moved forward. I have been looking at a job but cannot find one. Despite paying over $500 and providing the case resolution information to a number of these sites, my mug shot and information is still found on the web, and remains at the head of any internet search of my name.
It is imperative that the North Carolina legislature take HB 327 from the 2009 session out of the archives and pass this bill, protecting the citizens of this state from having their reputations ruined by extortionists website operators hiding be hind the Freedom of Information act.
references:
Florida : http://www.scribd.com/doc/58921958/An-Investigation-Of-arrests-org#download
Texas : http://www.fwweekly.com/2011/11/09/an-ugly-business/
Ohio : http://www.toledoblade.com/Courts/2012/12/05/Web-sites-profiting-from-mug-shots-sued-fees-charged-to-remove-online-images.html
California : http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1555&context=chtlj
http://www.citmedialaw.org/legal-guide/north-carolina-right-publicity-law
http://www.newyorkpersonalinjuryattorneyblog.com/category/kyle-prall
http://www.citmedialaw.org/blog/2011/mugshot-racket-paying-keep-public-records-less-public
http://www.fwweekly.com/2011/11/09/an-ugly-business/