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Photog Sues Playboy/Playmate over a high school portrait
Old 11-08-2006, 11:17 AM   #1 (permalink)
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Here's an article I came across today that I thought would be interesting for comment.
Photog Sues Playboy/Playmate over a high school portrait
--Courthouse News

Placerville, California [Courthouse News] - Carla Calkins, a woman
who runs the Placerville, Calif., Mother Lode photo studio with her
husband has sued Playboy Magazine and Miss December 2003 Colleen
Shannon in Sacramento Federal Court, claiming they violated copyright
by publishing without permission Shannon's 1996 high school senior
portrait as part of the centerfold "biography."

According to the suit, Calkins alleges that her husband photographed
Shannon for her high school year portrait, a reproduction of which
appeared in Playboy's December 2003 issue.

According to court documents the reproduction was done without the
Calkins' permission and that Calkins' husbandregistered the
photograph with the Copyright office on February 5, 2004. The lawsuit
also alleges that Shannon "colluded" with Playboy to infringe the
copyright.

The suit seeks one-time licensing fee damages and payment for
additional usage of the photo that may subsequently be discovered. It
also asks that Playboy be disgorged of all profits attributed to the
infringement, plus attorneys fees and court costs.
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Re: Photog Sues Playboy/Playmate over a high school portrait
Old 11-08-2006, 11:21 AM   #2 (permalink)
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Amazing....

Would I be safe/correct in assuming that if the school hired the photographer to photograph the children for the school, that the school has the right to do with and publish images which they have contracted/purchased? I assume the photographer reserved the rights for advertising, contests, and promotions--but would he have full rights to the images if contracted by a school?

When I do portraits for the local schools, I reserve the rights for promotion, advertising, contests....and that is about it.

Just curious....
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Re: Photog Sues Playboy/Playmate over a high school portrait
Old 11-08-2006, 11:50 AM   #3 (permalink)
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The tog in question would have to sign over the copyright to the school to lose his copyright.
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Re: Photog Sues Playboy/Playmate over a high school portrait
Old 11-08-2006, 12:10 PM   #4 (permalink)
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Quote:
Originally Posted by dynamike View Post
The tog in question would have to sign over the copyright to the school to lose his copyright.

Thanks for the clarity.
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Re: Photog Sues Playboy/Playmate over a high school portrait
Old 11-08-2006, 03:26 PM   #5 (permalink)
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Playboy should lose this one. They're big boys and girls who are very aware of copyright protections. They were stupid to use the image without permission. I have a hard time believing that the model colluded with them. They probably asked for a sr portrait, and she gave it to them without knowing/caring whether it was okay.

Edit: Note to self "When photographing hot high school chicks, make sure to register the images promptly" This dude probably missed out on some statutory damages by not registering the image until after the infringement.
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