Nathan, in the US, a business cannot use a photo of a person for
advertising without that person's permission. This is entirely separate
from the copyright to the photo. Obama could have sued the company, and he
would have won. Commercial uses of a person's likeness is different than
editorial or artistic uses. Commercial use requires a model release from
any recognizable people in the photo; editorial and artistic uses do not.
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On 4/3/14 6:38 PM, "Nathan Wajsman" <photo@xxxxxxxxxxxxxx> wrote:
>The law is simple. Copyright is owned by AP, and so legally there is no
>issue. In some countries Obama might have been able to invoke privacy
>rights but I do not believe this is possible in the US. Hence, your
>conclusion that the White House is just bullying the company is probably
>correct.
>
>Cheers,
>Nathan
>
>On 4 Apr 2014, at 00:11, Moose <olymoose@xxxxxxxxx> wrote:
>
>> On 4/3/2014 8:14 AM, Paul Laughlin wrote:
>>> How about this use of a photo for advertising:
>>>
>>>
>>><http://www.huffingtonpost.com/2010/01/06/obama-times-square-billbo_n_41
>>>3658.html>
>>
>> Mildly interesting rights issues. Image of US president, taken in
>>China, lets guess by a non-US photographer, for a US
>> based international news organization. Maybe Nathan can tell us what
>>the law is on that. :-)
>>
>> As the billboard is only "... a recent news photo of the president in
>>front of the Great Wall in Badaling, China, ...
>> with the tagline "A Leader In Style."
>>
>> 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.
>>
>> Weren't the Dems against imperial presidency?
>>
>> (What's the chance it's all a deal made between Weatherproof and the
>>WH. Both get exposure in Times Square, both get
>> publicity with a controversy kicker. Obama gets to appear strong.
>>Weatherproof gets to show what a good citizen they
>> are. Does Obama usually wear logo clothes? Was that part of the deal,
>>too?)
>>
>> Me? Cynical? Moose?
>>
>> --
>> What if the Hokey Pokey *IS* what it's all about?
>> --
>> _________________________________________________________________
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>>
>
>Nathan Wajsman
>Alicante, Spain
>http://www.frozenlight.eu
>http://www.greatpix.eu
>
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>http://www.nathansmusings.eu/
>
>
>
>
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