re: SIAP - Miss State Superfan Stingray suing Barstool and WorldStar

quote:

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will come up since he’s suing them for publishing a picture of himself to which he had no reasonable expectation of privacy (since he’d already published the picture himself) with disparaging remarks added. They didn’t name him specifically as either Steven Ray or Stingray, but did use his likeness. Whether or not they had the right to use his likeness should come up, and they should have fair use of it assuming he’s an internet celebrity. I also wonder if he ever sent out any C&Ds to Worldstar or Barstool before filing suit

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Clearly not a lawyer, but plays one on the Internet.

Fair use does not apply in this context, nor would this be considered fair use even if the defense were available.