Who among us?

Scott checker758@YAHOO.COM
Mon Mar 28 17:42:28 EST 2005

I haven't been following this thread very closely, but the info below
doesn't seem right to me.

I'm no lawyer, but it's my understanding that *as a rule* if you contract a
commercial photo studio for a standard publicity photo session, it's
acknowledged and accepted by both parties that part of what you're paying
for is the right to use and profit from that photo however you see fit from
that day onward.

And to take it a step further, if the person who pays for the photo session
then uses that photo for publicity purposes - i.e., prints up and
distributes thousands of promotional copies for free use and publication at
will, etc. - it seems like that would set a precedant that would limit the
legal ability to prevent the use of the photo by someone for these same
purposes later.

Certainly there are other elements to take into consideration - for
instance, it's my understanding that Ernest Withers ran a 'publicity photos
for hire' studio AND was a free lance photographer shooting his own
photos 'on spec'.  So it would seem that if BB King hired Withers to shoot
his publicity photo, Withers gave up the rights to the resulting photo when
BB paid him for it.  (And in turn BB or his management gave up their
ability to limit the use of the photo when they freely distributed for the
promotional purposes.)  But if Withers attended a BB King performance that
same night and shot *his own* photos while on his own time, Withers WOULD
have legal rights over the use of THOSE photos.

As I said, I'm not an expert on this subject, this is only my understanding
of it based on my little bit of experience with it.  But I'll bet there is
someone here who does know the legal specifics.  Anyone???


On Mon, 28 Mar 2005 16:06:21 -0500, Mike Edwards <mike@KINGMUDDFISH.COM>

>If there are any heirs to Memphis's Hooks Brothers Photography Studio, I am
>sure they will be throwing their hat into the ring for copyright ownership.
>Just go to any photographic studio, have them take your pic, then put it on
>your multi-platinum blues CD. Unless you got them to sign a release for you
>to use it, they are going to come after you for large sums of moolah, and
>you don't even have to be dead.
>Actually, the Memphis's Hooks Brothers Photography studio could have gone
>broke, a local bank that held a note on the business may have claimed all
>the assets of the studio. That bank was later bought by a regional bank
>that was later bought by a national bank that was later bought by Nations
>Bank that was later merged with Bank of America and now....they surface and
>claim that all y'all been using their picture without paying them and are
>now looking for their cut.
>Stranger things have happened.
>Mike Edwards
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