Archived posting to the Leica Users Group, 2001/03/11

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Subject: [Leica] WE WUZ ROBBED!
From: Marc James Small <msmall@roanoke.infi.net>
Date: Mon, 12 Mar 2001 00:03:30 -0500

I discovered on Thursday evening last that a local up-market newspaper had
published a picture of mine -- attributed, mind you, to one "Mary" Small --
in an article of a local jazz drummer.  This fellow has admitted giving the
magazine the picture but his comment was, "so what"?  (He is a REAL
straight-shooter, no drugs, no alcohol, Thinks Good Thoughts and kayaks
down the South Slope of Mount Everest, plus he has a couple of doctrates in
optical science.)

This fellow wanted me to shoot a CD cover.  I shot several rolls of film of
him in the fall of 1998, in downtown Roanoke, with Hasselblad.  He reviewed
the prints and wanted a second shoot, which I did, these being on the Blue
Ridge Parkway.  These were with Leica, some with a 2.5/12.5cm Hektor, the
rest with a 2.8/90 "skinny" Tele-Elmarit.  The final picture selected for
the cover was one taken with the "skinny" Tele-Elmarit.  The picture
printed improperly by the magazine was the one in the first batch.

Last year, an article about this fellow appeared in the local paper with
some of my pictures.  I then fussed at him and reminded him that the B&W
work I did for him was for use in his fliers only.

On Friday, I called the magazine.   They must be used to this:  they put me
through to the publisher, who was polite, took my information, and stated
he had to speak with the author and would be back in touch with me on
Monday (tomorrow, as I write these words).

I suspect the magazine will apologize and offer a token payment.  I want to
sue both the magazine and the drummer and take an ounce of their hides, but
that may just be a surplus of testosterone flocking through my blood -- as
a trial attorney, I recognize that most juries regard copyright suits as
Big Yawns.

And, don't forget, they attributed the picture to "Mary" Small.

Advice?

Marc
  
msmall@roanoke.infi.net  FAX:  +540/343-7315
Cha robh bas fir gun ghras fir!

Replies: Reply from Guy Bennett <gbennett@lainet.com> (Re: [Leica] Martin Howard)
Reply from Rob McElroy <idag@pce.net> (Re: [Leica] WE WUZ ROBBED!-Copyright law)
Reply from Stephen Gandy <Stephen@CameraQuest.com> (Re: [Leica] WE WUZ ROBBED!)
Reply from Tina Manley <images@InfoAve.Net> (Re: [Leica] WE WUZ ROBBED!-Copyright law)