If the photo is used editorially, on a newspaper front page as part of a story
for instance, no problem. The rights remain wholly with the photographer unless
the the subject is demeaned or ridiculed in some way and even then 'public
gaze' would be an adequate defence if the subject is normally in the public eye
and if no malice can be proven.
If it is used commercially, as part of an advertisement or 'inducement to
purchase' (package shot for instance), then a model release is required. No
exception. Or the rights of the unwitting model are transgressed. This is the
law just about anywhere where English Common Law prevails and quite a few
places where it does not.
The President (personally, not the institution) is indeed relying wholly upon
the law and the company has been behaving very badly indeed. Or at the very
least incompetently. I suspect that if the subject was a film actor or similar
non-political actor, or a simple member of the public, they would have had
their arses sued off. If you submit images to a stock agency you become rather
expert in these things quite quickly - iStockphoto will not even accept images
that show company logo's on buildings or political messages on car bumper
stickers as they may transgress 'property rights'.
I also suspect that this company and their agency thought that they might be
able to get away with because many people would react just as you have and put
any objection down to political bullying - which it most certainly is not.
Assuming that the President would be unable to object to this exploitation
because of the sensitivity of his position - that is a form of bullying
Andrew Fildes (putting horsehair aside)
afildes@xxxxxxxxxxxxx
www.soultheft.com
Author/Publisher:
The SLR Compendium:
revised edition -
http://blur.by/19Hb8or
The TLR Compendium
http://blur.by/1eDpqN7
On 04/04/2014, at 9:11 AM, Moose wrote:
> And: "the billboard does not say Obama endorses the product." And, rights
> from the image owner were obtained.
>
> It seems to me that the White House is not relying on the law, but simply
> bullying.
--
_________________________________________________________________
Options: http://lists.thomasclausen.net/mailman/listinfo/olympus
Archives: http://lists.thomasclausen.net/mailman/private/olympus/
Themed Olympus Photo Exhibition: http://www.tope.nl/
|