Archived posting to the Leica Users Group, 2002/03/13

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Subject: Re: [Leica] McCurry's Afghan Girl
From: "Kevin Argue" <kargue@sympatico.ca>
Date: Wed, 13 Mar 2002 22:04:51 -0500

Frank- As a working freelance news photog, I have twice faced a problem with
people I photographed. I cover our wine industry with my photos sold
worldwide. When a winery invites me over to shoot the harvest it is there
idea and invite. Twice people I photographed whose images sold worldwide
came back to me  'wanting a piece of the action.' In both cases the winery
had to intervene on my behalf. When people here I sold the image they think
there are huge profits to be made.

Kevin Argue

- ----------
>From: "Frank Filippone" <red735i@earthlink.net>
>To: <leica-users@mejac.palo-alto.ca.us>
>Subject: RE: [Leica] McCurry's Afghan Girl
>Date: Wed, Mar 13, 2002, 7:14 PM
>

> I am a skeptic.....  It is most likely cheaper to wait to be sued, than to
> go to the trouble of getting and then PROVING a signature ( from someone
> that probably is illiterate)...   I always assume the odds are that NG et al
> will never be caught......  or only occasionally......
>
> Policy put aside, which does probably say you must have the rights, if I
> were the photographer working for or on assignment to or freelancing for NG,
> I would have all the signatures I need.... because it pays to have them...
> The legitimacy of those signatures, I would not want to state....and the
> illiterate person, in a foreign land would have to
>
> 1) See the pahotgraph
> 2) Intellectually figure out that there was a profit made from her image
> 3) find a lawyer
> 4) find the magazine
> 5) file a lawsuit in the USA
> 6) Prove in the US Courts that I had not gotten proper authorzation
> 7) Prove they should share in the profit
> 8)Get the award
> 9) find a way to get $$$ from me or the magazine.
>
> Not likely.  Cheaper to take a chance.  Once in a while, give a few pennies
> out to prove you are doing the right thing.  Once in a while, give a free
> trip to Mecca.. what does that cost?  more pennies to NG.
>
> BTW: I am not nor ever have been paid for any photograph.  It is my opinion.
> Battle armor on.
>
> Frank Filippone
> red735i@earthlink.net
>
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Replies: Reply from Greg Locke <locke@straylight.ca> (Re: [Leica] WAS.McCurry's Afghan Girl NOW>> money grabbing!)
Reply from Ted Grant <tedgrant@shaw.ca> ([Leica] WAS.McCurry's Afghan Girl NOW>> money grabbing!)