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SportsShooter.com: Member Message Board

Just another example of why you keep your copyright
Thomas E. Witte, Photographer, Photo Editor
Cincinnati | OH | USA | Posted: 1:13 AM on 06.25.09
->> It's me again, your favorite local copyright advocate/enforcer/lover with another friendly PSA on why you should keep your rights.

So I'm driving along today when a billboard catches my eye. I doubled back and snapped a shot threw the windshield (no shoulder, on a bridge in rush hour) that is currently #10 on my member page if you'd like to go take a gander. It's Steven Day's image of the US Air flight in the Hudson being used in an ad for Values.com.

I wanted to bring it to peoples' attention because it serves as a great example for why you want to maintain your rights, no matter who the client is. I can't speak for Mr. Day and know nothing of the rights management of his images from the crash, so my comments are not directed at him or meant to insinuate that he doesn't have rights to his images.

The images were already worth quite a bit at first for news reasons but here the image found a second life in a national ad campaign which is typically worth a nice chunk of change.
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Jack Howard, Photographer, Photo Editor
Central Jersey | NJ | USA | Posted: 8:20 AM on 06.25.09
->> I've seen this billboard on i-287 in NJ around Mile 4 as well.

My thoughts were: "wow, I wonder if they tracked down each and every person on the wings and got commercial releases?"
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Mark Peters, Photographer
Highland | IL | USA | Posted: 9:16 AM on 06.25.09
->> If you go to the values.com site you can download a "printable version". Would be curious how the rights language for that type of unlimited distribution reads (and pays).

http://www.values.com/billboards/preparation
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Darren Whitley, Photographer
Maryville | MO | USA | Posted: 10:24 AM on 06.25.09
->> That billboard is on display here in the midwest as well. I wondered about the model releases as well. I bet they made the classic non-profit argument for non-payment.
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Jack Howard, Photographer, Photo Editor
Central Jersey | NJ | USA | Posted: 10:47 AM on 06.25.09
->> See also:

http://www.cnn.com/2009/US/06/24/us.airways.1549.claims/index.html
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Bob Ford, Photographer
Lehighton | Pa | USA | Posted: 11:00 AM on 06.25.09
->> Regarding the model/commercial release, doesn't someone have to be recognizable in the advertisement for this to come into play? With the resolution billboards are printed at I would guess that most of the faces on the billboard consist of only a few dots of ink.
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Manuello Paganelli, Photographer
Los Angeles | CA | USA | Posted: 12:58 PM on 06.25.09
->> I am also curious how the licensing rights for this image, and all the model releases, were obtained for such a commercial endeavor. I would think that US Airways would have something to say too.

Were the brave pilot, crews and all the passengers shown on top of the wings on unison agreement to be part of this advertising billboard campaign that is showing up across the USA?

It doesn't matter if the entity using this image is a commercial or a non-profit. They are making money from this adv print.

Also folks non-profit doesn’t mean that they don’t have money.
Plenty of those non-profit do have money and lots of donations and their top people are wealthy, making over 100K-200K and driving Mercedes and Bimmers and sending their kids to Harvard and Yale. They just cant claim commercial gains to be tax exempt.

But to values.com money and donations will be pouring in with this commercial usage. Money for them is also $$$ for photographers. But you gotta know how to deal and cant think like a worker behind the counter of a burger joint.

Model releases? This is a very unusual photo and even if you don’t recognized the passengers plenty of folks knew who they were by watching the tv and some had been interviewed on magazines. One thing is shooting a vast sea of faces all blurry into one at a baseball game or a futball match with Barcelona vs Liverpool. But this was different and very unique.

I hope that once the final contract was signed it was a win/win deal not only for values.com but also for the talented photographer, the heroic pilot, his brave crew and the calm passengers.

Unfortunately, only the timing and the photography shows how talented news photographers actually are. But after the moment is gone, unless is just a straight reportage shoot, most photo hiring clients don’t care for them or want to hire them for big paying gigs. For those top juicy fashion, portraits, celebs, lifestyle, travel photo shoots they call fashion and celebrity photographers. SAD SAD!

More 2 Come

www.ManuelloPaganelli.com
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Michael Durisseau, Photographer, Assistant
Santa Fe | TX | USA | Posted: 1:39 PM on 06.25.09
->> I am anxious to see how this plays out. As an aside, it's interesting to me how many news organizations (local, at least) don't want to pay for images to use on their newscasts...I know...not totally on topic...
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Mark Loundy, Photo Editor
San Jose | CA | USA | Posted: 3:06 PM on 06.25.09
->> Bob,

If they're recognizable only to themselves, that's enough. I'd bet that the people on the extreme ends of the wings can point themselves out.

--Mark
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Thread Title: Just another example of why you keep your copyright
Thread Started By: Thomas E. Witte
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