Joliet boy’s privacy invaded when pictured in NASCAR brochure, suit claims
10 Comments Published December 30th, 2006 in NASCAR News
A Joliet, IL man says his minor son had his privacy invaded when the Chicagoland Speedway used pictures of him to advertise its events in a brochure. In a lawsuit filed in federal court against Raceway Associates and Chicagoland Speedway, David Fremouw claims his son’s photo was used approximatly 17 times in an advertising brochure the defendants mailed out.
On July 8, 2005, David Fremouw took his son, Mathew, to the Chicagoland Speedway, where the minor was photographed via video or camera, the suit said. Mathew Fremouw appeared on the cover of the defendants’ brochure, which was used as ‘Exhibit A’ in the suit.
A photocopy of the cover depicts a race car in the foreground and blurred images in the background. Because of his use in the brochure, Mathew Fremouw feels humiliated and embarrassed, the suit claims. David Fremouw is seeking an undisclosed amount in damages.
If they were embarrased to be at a Nascar race , they should have stayed thier asses at home. No wonder insurance rates are so high , you got idiots suing over nothing. The judge should make the dad do community service for wasting the courts time.
I totally agree, and dont the tickets say upon entering the venue, the promoter or whatever has the right to photograph you?
yo i got go totally disagree with you joe, i understand wut your saying but if our at any type of sporting event and your shown in the groud or something your gunna complain that you on tv or a cover or something come on this hole intire thing is redicules,bc i no if myself was on that i would ask them if i could have some to keep and others to give out to ppl to show that im on the cover
If I was photographed at a NASCAR race and put in a publication that is NASCAR related I would be happy with that. Why doesn’t the dad get the TNT coverage and watch that and then try and sue TNT cause his son is on TV.
If the kid is blurred out then surely that is better than being unblurred to make identification easier.
I anticipate this frivolous lawsuit will be tossed. I believe a photo taken in a public place can be used without consect as long as the entity, such as NASCAR, does not sell or make a direct profit from the image. I also believe Joe is correct is saying the tickets indicate that you are subject to “implied consent” by entering the event and your image may be used. I hope David Fremouw is proud of the lesson he is teaching his “humiliated and embarrassed” son.
Ian…Ever hear of spell check?????
any picture taken of anybody has to gain permission before it’s copied and/or developed for use or the face has to be blurred. same for video recordings. however, on the back of every ticket for every race (concert, public event, basically anything that needs a ticket for entrance,) i have ever been to, they sign away all liberties such as that. tickets say, basically, ‘you come here, we take your picture, and by entering these gates, you consent.’ they also say that if something hits you in the face, or anywhere else, and kills you, tough. and tough goes to fremouw and his boy.
You enter a “Public” venue you rein in the effects of what happends at said venue. EVERY race track I have been to, NASCAR affliate or otherwise state CLEAR as day, (In lamemen’s terms) You automatically commit to anything said, done or accenuated at such place. Meaning If you stick your nose out, expect it to be CUT OFF. Have a problem with your kid being seen for publibicity reasons then LEAVE him/her at HOME! You buy the tickets, step foot in their facility, you’re there’s and they can do as they please. Not to mention who in they’re right mind BITCHES that they’re kid is on a brochure for FREE? Get a life and leave the courts to IMPORTANT cases. Hell the track should sue HIM for waisting THEY’RE time, and the case thrown out. I’d gladly help that self-seving ASS out of the coutroom myself!
If there are blurred images in the background, how can you see the kid’s face? Someone needs a copy of the cover of this brochure.