RE: [Leica] When is a release requirted?

[chucko@siteconnect.com (Chuck Albertson)]

That sounds like the Arrington case, from the early 1980's in New York. I'll
have to look up the cite, but he won, big time, I think on some sort of
"false light" theory. The nasty wrinkle was that the courts (all the way up
to the NY Court of Appeals) let The New York Times off the hook (because it
was an editorial use of the photograph), but didn't extend the same
protection to the photographer and his agency (Contact Press, as I recall)
because they had been paid for the photograph, and thus were doing it for
"commercial gain," which was an exception to the state statute that
protected the Times' publication of the photograph. The case caused quite a
ruckus among the agencies and freelance photographers at the time, and
resulted in the NY statute being amended to correct the court's
interpretation. I believe the Arrington case itself was later settled.

> -----Original Message-----
> From: owner-leica-users@mejac.palo-alto.ca.us
> [mailto:owner-leica-users@mejac.palo-alto.ca.us]On Behalf Of Robert Rose
> Sent: Tuesday, February 01, 2000 7:03 PM
> To: images@InfoAve.Net; leica-users@mejac.palo-alto.ca.us
> Subject: [Leica] When is a release requirted?
>
>
> Tina,
>
> Did he sue, and win at trial, or was the case settled?  Can you
> imagine a jury in NY being sympathetic to an upper-class person
> (of any color) whining that he was mistaken for being middle-class?
>
> Bob
> ..........
> The public place rule is no longer true.  A photograph of a Black man
> walking across a public street carrying a briefcase was used to
> illustrate
> an article in the Sunday NY Times on the rising Black middle-class.  He
> objected to the implication that he was middle-class, sued and won.  Even
> with editorial use, if the photograph implies something, you will need a
> release.  Previously this applied to categories like drug addict,
> homeless,
> criminal, etc., but in these litigious times you can't be too careful!
>
> Leically,
>
> Tina
>
>