INTELLECTUAL PROPERTY CLIENT ALERT: Ninth Circuit Finds That Consent to be Photographed Can be Implied by Conduct

    3 August 2012
    In a right to publicity case, the Ninth Circuit recently decided that consent to be photographed can be implied by conduct. In the unpublished decision in Shirley Jones v. Corbis Corp. (available here), Corbis used sample images of actress Shirley Jones to promote its stock photo service. Jones admitted that she posed for pictures at red-carpet events and understood that the photos would be distributed to the press. She objected, however, to the use of low-quality samples provided by Corbis to potential purchasers of Corbis’ images.