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SportsShooter.com: Member Message Board

AP, SmugMug and Copyright
Melissa Wade, Photographer, Student/Intern
New York | NY | USA | Posted: 2:28 PM on 10.25.05
->> I've done a few searches and didn't notice this discussed.

Back in December 2004, the AP released photos it had purchased as prints off of a SmugMug account. The AP did not (from what I've read, it may be that they dispute this) have permission from the owner of that account or the photographer.

From a news perspective (the images showed earlier possible Iraqi prisoner abuse), I think it is good that they became public, but I don't understand how they had the right to do so.

Was it simply a matter of "this is news" and we'll deal with the consequences if they sue especially since no one is likely to register their family photos? Or is there a specific out that permits such use?
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Bruce Twitchell, Photographer
Coeur d'Alene | ID | USA | Posted: 3:18 PM on 10.25.05
->> I have not heard of this but am wondering if you have a link to the photos in question or to a story about this?
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Melissa Wade, Photographer, Student/Intern
New York | NY | USA | Posted: 5:37 PM on 10.25.05
->> Here are a few links from a google search on +AP +SmugMug +Iraq +suit

http://www.msnbc.msn.com/id/6763389/
http://www.smh.com.au/news/After-Saddam/Elite-troops-sue-over-Iraq-abuse-ph...
http://www.ap.org/pages/about/whatsnew/wn_060105a.html

The copyright issue is only mentioned in passing.
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Mark Loundy, Photo Editor
San Jose | CA | USA | Posted: 1:34 AM on 10.27.05
->> Since the images themselves are the subject of a story, then the AP MAY have a legitimate claim of Fair Use. I stress the word "may" because there is nothing certain when it comes to Fair Use.

--Mark
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Thread Title: AP, SmugMug and Copyright
Thread Started By: Melissa Wade
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