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Nickel and Dimed - Bestseller
Old 06-17-2006, 01:09 PM   #1 (permalink)
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I was at barnes and noble bookstore yesterday and ran into a situation that suprised me. A lady came in and said that just 1 day ago someone told her that she looks like someone on a book cover. She asked what book and laughed knowing she never did a shoot for anything...ever. The person said the book "Nickel and Dimed."

Here is the cover above. The lady on the cover of this book was standing in front of me and she had no idea until now that she was on the cover! (it's been out since 2002 and was a New York Times Best Seller) She didn't know a picture was ever taken.

The image was shot over 20 years ago of her working at a Cafe named "Clark's Cafe" in Peoria Illinois. It was funny to me that as she was standing there I looked down to read what her shirt said and it read "xyxyx Family Resturaunt"....and if you know what the book is about that is a funny thing that she still does the same type of work.) The book doesn't indicate anything about the image which I would assume it was possibly stock or it was 'some photo laying around' that they used.

-joshua
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Re: Nickel and Dimed - Bestseller
Old 06-17-2006, 02:07 PM   #2 (permalink)
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Hmmmm, seems as though an editor didn't do their "i's" and cross their "t's". Even if the shot was originally editorial in nature, it would seem as though she now has a claim to some sort of compensation...unless they can locate a signed release. Or am I wrong?
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Re: Nickel and Dimed - Bestseller
Old 06-17-2006, 05:31 PM   #3 (permalink)
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Very interesting post.

If the woman didn't sign any sort of release at all, she has a tremendous case under Right of Publicity and possibly Right of Privacy laws. These laws vary from state to state.

If she signed only an editorial release, things are more tricky.

I doubt the lady is wealthy or legally-knowledgeable. The more she sits on the matter, if she is actually sitting on it, the less likely that she can get any money.

Of course, if she signed a full release, all is cool.

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Re: Nickel and Dimed - Bestseller
Old 06-19-2006, 01:59 PM   #4 (permalink)
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She was unaware of any photo being taken. So, the assumption at this point is that there is no paper work at all.

-joshua
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Re: Nickel and Dimed - Bestseller
Old 06-19-2006, 02:01 PM   #5 (permalink)
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I doubt the lady is wealthy or legally-knowledgeable. The more she sits on the matter, if she is actually sitting on it, the less likely that she can get any money.

://I think she should, if she KNOWS nothing was signed, put money into an attorney and fly with it a bit.

-joshua
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