“The NFL Has Made Over 330 Million Off of Taylor Swift Without Her Consent” — And Other Lies.

There is a narrative out there that claims that the NFL has made millions of dollars off of Taylor Swift, that this is somehow without her consent, and that she is owed compensation or perhaps privacy when in this public space. The fact is that while Swift’s presence at the games has increased viewership, this is all purely consensual on her part. She has no obligation to attend games; her attendance is purely voluntary. And just like everyone else who attends a game, she both implicitly and explicitly, via the terms of admittance on the ticket, grants rights for the NFL to use her image in exchange for being admitted to the game. That is consent. There is no way to spin otherwise. Both legally and in the context of our culture, that is consent to be photographed. So this basic narrative that her attendance, videos, and pictures of her at the game are without her permission is blatantly false. She, you and I might not like it, but that is how it works.

There is a widespread misconception that people have the right to privacy in public. It is a mistaken belief that a person gets to control what images of them are taken, used, or sold by others when in a public venue like a stadium. But that’s not how being in public works. At least here in the United States. Other countries have different laws that work differently in this regard. But last time I checked, Allegiant Stadium is in Las Vegas, and Las Vegas is in the United States. No one needs her permission…