Archived posting to the Leica Users Group, 2000/04/24
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Bill wrote: > It seems to me, that if Mr. Korda was truly dedicated to the ideals > of Communism and Che Guevara, he would sue for $1.00 in damages, > rather than $3,000,000. The effect of the court decision will be the > same regardless of the monetary award. However, at 71 years-of-age, > it appears that Mr. Korda has seen the error of his ways and decided > that Capitalism beats the hell out of Communism... especially if > there are Big Bucks at stake. All independent photographer should have the right to dictate use of their images. Would you like yours ripped off? And do you think that Big Bucks are not at stake for the advertiser? I'm absolutely floored that an ad agency would not have cleared use of such a famous image before proceeding. I suppose a few legal counsel heads have rolled (or maybe bounced). And the effect of the court decision would not be the same without punitive damages--it would open the gates to indiscriminate useage violations since there would be little risk. If such a violation put both the ad agency and the client into bankruptcy, that would be justice. Better yet, the CEOs in jail for theft. It does beg the question, however, whether Leica had the rights to use the image in their recent M brochure. Though it perhaps could be argued that the brochure is more of a booklet that tends to be more informative that hard sell, thus editorial, but that would be stretching it. Or am I just overly sensitive since I seem almost daily to wage battles over control of rights? donal - -- __________ Donal Philby San Diego www.donalphilby.com