Archived posting to the Leica Users Group, 2000/04/24

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Subject: Re: [Leica] Re: Korda sues
From: Donal Philby <donalphilby@earthlink.net>
Date: Mon, 24 Apr 2000 20:47:05 +0000

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