Only in the USA!
Alan C
-----Original Message-----
From: Igor Roshchin
Sent: Sunday, February 16, 2014 7:52 PM
To: PDML@pdml.net
Subject: OT - Photographer vs. The Color Run
Yet another case where a company uses photographer's photo without
permission.
There was an interesting story unrolling, where a photographer allowed
the company (The Color Run) to use his photograph(s?) on their facebook,
just to find later that they used his photo in an international
advertisement campaign (including Sports Authority store chain).
...
So, he demanded the compensation...
In return, the company decided to sue the photographer for using its
name and registered marks...
Here is the story.
http://petapixel.com/2014/02/14/color-run-sues-photog-demanding-payment-widely-distributed-photo/
Having read all of this, I think:
1. The Color Run company is using a bad practice in the way how they used
photos without permission. Their response to the demand of compensation
is also weird. Being in the advertisement business, they should know
the laws. It is the case where the company should be punished
monetarily for such action.
2. Some demands of the photographer appear rather strange (immature?).
While in my opinion his demands are formulated so that they leave
the room for negotiation and for a step back, some of the demands
(request for the status, etc.) just don't make much sense to me.
Posting his status on FB about being employed by the company is
also strange. (I wonder if it all comes from the percieved fame of
being associated with the company.)
While I was going to post this to PDML (since Saturday),
there was an update on the photographer's blog that an agreement was
reached and the company will be paying him...
Igor
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