Who among us?

Andy Allu Silkcitycd@aol.com
Mon Mar 28 18:05:24 EST 2005

In a message dated 3/28/2005 5:46:33 P.M. Eastern Standard Time,
checker758@YAHOO.COM writes:

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???

The only gray area "I" see, and I am NOT a photographer, is that while a
photographer may claim rights to the piece of work (i.e. "the photo") isn't the
artist entitled to approve how his or her likeness is exploited (or used for
profit)?  If I am not mistaken, the Texas courts ruled (in Texas v. Ames)
that while Roy Ames could claim ownership of his property (which in this case
was demo recordings and publicity photos that he paid for in order to book  his
acts) he did not have the right to exploit the name or image of the artist
for profit, without their prior consent...

If I am wrong on this, then two different attorney's that I trust have  given
me very bad information.

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