Archived posting to the Leica Users Group, 1998/12/14

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Subject: Re: [Leica] Model Release for Steve McCurry's photograph
From: Eric Welch <ewelch@ponyexpress.net>
Date: Mon, 14 Dec 1998 08:37:58 -0600

>Wouldn't this interpretation
>   of the law dispense with model releases altogether, as any
>   photograph could easily be made part of a "collection" ?

At least here in America, the First Amendment (to the Constitution)
protects advertising as well. If they want to use a particular picture
because it has become an icon of what National Geographic does best, and
it's also one of Mr. McCurry's own signature photos, it's appropriate. It's
not using that particular picture to sell something like a car or life
insurance, it's informing people of what the content of the exhibit/book
is. Exhibit and books are protected content. I'm not lawyer, and don't play
one on TV, but I do know a bit about how the law affects my photography
from reading Photo District News and other publications. The law may
change, but not that much.

Why do people think that some particular use of a photo is exploitive, just
because someone is making some money on it? Steve McCurry will never be
rich because of this photo, not like Nick Vedros will be rich from some of
his more famous photos. McCurry is a journalist. And that automatically
disqualifies him from the ranks of the highest paid. :-)

The reason for using this picture is that it's an amazing picture that puts
a face on refugees that's not common. It grabs you. As long as they don't
sell coffee, or trucks, or eyeglasses  with it, it doesn't seem to be
exploitive to me.
- -- 

Eric Welch
St. Joseph, MO
http://www.ponyexpress.net/~ewelch

We'll cross that bridge when we come to it.

Ted Kennedy