Re: [Leica] Model Release for Steve McCurry's photograph

["Bryan Caldwell" <bcaldwell@softcom.net>]

Eric,

>>At least here in America, the First Amendment (to the Constitution)
protects advertising as well. <<

The First Amendment protects commercial speech (which most, but not, all
advertising is) but to a lesser extent than what it would call "pure speech"
such as political or religious expression. Exactly to what lesser extent is
generally defined on a case by case basis. BTW, I've this McCurry photograph
used as a billboard in Japan to advertise a National Geographic store. A few
others here besides me might also remember that it was once a cover of the
old (and sorely missed) American Photographer magazine.

Bryan
- -----Original Message-----
From: Eric Welch <ewelch@ponyexpress.net>
To: leica-users@mejac.palo-alto.ca.us <leica-users@mejac.palo-alto.ca.us>
Date: Monday, December 14, 1998 7:18 AM
Subject: Re: [Leica] Model Release for Steve McCurry's photograph


>>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