It was an amazing Spring for flowers in Southern California. I took the shot at the Poppy Reserve which is over 75 miles from where I live. In other words this was a random encounter. I did ask if I could take a photo, but I didn't get any release (as an amateur it was not something I would think about).
The magazine editor did not require a release as I have noted (rxcept from me). However, if there is any chance in the world for this fellow to be found it will be if he tries to contact me after the photo is in Parade - they claim to have the largest circulation of any magazine so he may see it.
It's a great pic and no wonder it was chosen. My questions were the first thoughts that popped in to my head when I saw the photo.
When it comes down to it - I'm sure the guy would be happy to know he's made the cover of a publication with such a wide circulation.
You could be right and it is interesting the way courts rule........But, would the lawsuit be against the photographer or the magazine (considering profit made) in reference to your statements?
Considering there is no "harm" caused (non-comprimising situation - and non-identifiable subject/painting) by this innocent and beautiful photo and the fact that it was taken in a public environment I find it hard to believe courts would rule against the photographer.
Sad that it has even come to this in America.
Maybe, the land owner should sue the painter for trespassing.......
Ian
p.s. good to see you here by the way simon.
Ian, I'd say if there were to be a lawsuit, and it's very doubtful, that it would be directed at the magazine. The chances of it happening are remote to nill. My questions were hypothetical as I'm curious as to the long-term legal ramifications of reproducing intellectual property. Could be because I've recently started working in this area.
It's not a case of being sad, or the fact that it's in america, it's just a case of copyright laws being way behind technology. Take a look at what's happening with the Internet and the music industry.
" Maybe, the land owner should sue the painter for trespassing......."
Ouch... now that'd be real sad.
Thanks for the p.s as well... you made my day when I saw that.
Comments
When it comes down to it - I'm sure the guy would be happy to know he's made the cover of a publication with such a wide circulation.
All the best and congrats again,
Simon.
It's not a case of being sad, or the fact that it's in america, it's just a case of copyright laws being way behind technology. Take a look at what's happening with the Internet and the music industry.
" Maybe, the land owner should sue the painter for trespassing......."
Ouch... now that'd be real sad.
Thanks for the p.s as well... you made my day when I saw that.
Cheers,
Simon.