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Re: [OM] use of photo

Subject: Re: [OM] use of photo
From: Andrew Fildes <afildes@xxxxxxxxxxxxx>
Date: Fri, 4 Apr 2014 17:33:04 +1100
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: 
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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.

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