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|| SportsShooter.com: Member Message Board
Photographer loses copyright lawsuit
John Stubler, Photographer
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San Jose | Ca | USA | Posted: 5:17 PM on 04.26.10 |
->> San Francisco Bay Area photojournalist and professor at UC Berkeley, Ken Light, has lost a lawsuit to former vice president Al Gore's Current TV. The photo in question was part of a photo essay Ken did years ago on Texas death row inmates. The New Yorker magazine did a story on an inmate last year that Ken had photographed as part of the series. The New Yorker story raised questions on whether the inmate was guilty or not. The New Yorker properly paid his fees, etc. Current TV did a story after the New Yorker story ran and used Ken Light's photo without his permission, without paying him and without any photo credit. When Ken found out about it he promptly sent Current TV a bill, $500 for using the photo and $1,500 for unauthorized use of the photo. Current TV refused to pay so he took them to small claims court where he won. Current TV appealed the decision and won.
It seems to me that there will now be an open season on using copyrighted material. I hope that I am wrong, but this looks like an ugly turn of events for copyrighted photos.
http://www.nytimes.com/2010/04/23/us/23sfmetro.html |
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Thomas E. Witte, Photographer, Photo Editor
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Cincinnati | OH | USA | Posted: 5:56 PM on 04.26.10 |
| ->> I'd love to see a copy of the court transcript on this one. Either Current had a reeeeeally good case, Ken didn't defend himself properly, or the judge had someone from Current on their knees under the bench. |
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Jamie Roper, Photographer
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Kansas City area | KS | United States | Posted: 7:19 PM on 04.26.10 |
| ->> oh man...let's hope this works its way up the appeals process |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 8:21 PM on 04.26.10 |
| ->> The "title" of this thread is a bit, as this was not a copyright suit brought in Federal Court. Rather he filed an unfair business practice claim in State Court. |
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Israel Shirk, Photographer, Assistant
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Boise | ID | US | Posted: 8:35 PM on 04.26.10 |
| ->> Sounds almost like he didn't register his images. No good reason he wouldn't have been properly represented otherwise. |
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John Stubler, Photographer
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San Jose | Ca | USA | Posted: 8:40 PM on 04.26.10 |
| ->> You are right, Mark. Thank you for pointing that out! |
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Ian L. Sitren, Photographer
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Palm Springs | CA | USA | Posted: 9:41 PM on 04.26.10 |
| ->> It sounds to me that Ken Light just took a wrong course from the very beginning. His occupation is photojournalist and professor, not attorney. I dare say that any competent attorney would have suggested a better course of action. |
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Samuel Lewis, Photographer
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Miami | FL | USA | Posted: 9:14 AM on 04.27.10 |
| ->> Sounds like a simple case of wrong court / wrong theory. The preemption clause in the Copyright Act is not something to take lightly, and attempting to use theories like unfair business competition for what is essentially copyright infringement is like trying to pound a square peg into a round hole. |
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