judge jiang,

we operate an amusement park that travels to different cities in china. for promotional and advertising purposes we frequently take pictures of our customers enjoying themselves on rides and playing games. we then use these images to make posters, billboards, print advertising and tv commercials, and publish them on our internet web-site.

do we have the right to use these images of our customers in this way without having obtained their permission?

does the "fair use" doctrine apply in this case?

in our most recent event in beijing a mother noticed her two children in a photograph used as a decorative poster inside our amusement park. she demanded compensation. we settled by paying her and agreeing to remove the photograph of her children.

could we have refused this compensation?

we are considering writing a notice on the back of all entrance tickets that when entering the amusement park customers may be photographed and their images used and by purchasing their ticket they give tacit agreement to forfeit their right to their photographic image. would this be legally sufficient to protect ourselves?

thank you very much for considering my questions. i look forward to hearing your reply.

best regards,

nicholas gould

dear mr. nicholas gould,

in my opinion, it seems not to be copyright issues. it seem to be concerned their person right(image right of a person).

although you printed the notice on the ticket you still should enquire the person who was taken if agree or not, i think. i suggest that you could find a good lawyer and he would give you good and more answers.  

only for the reference.

good luck.

judge jiang

www.chinaiprlaw.cn