Press Taps MySpace for Photos of Spitzer Call Girl
By Ryan • Mar 17th, 2008 • Category: News for Creatives (archives), PhotographyBy Daryl Lang of PDNonline.com:
“When a prostitute hired by former New York Gov. Eliot Spitzer was identified Wednesday, news outlets eagerly published photos grabbed from her MySpace profile.
Can they get away with that?
Three attorneys who specialize in copyright law say media organizations are sailing in dangerous waters if they publish a personal snapshot without permission.
“Whoever took that picture owns that picture,” says New York attorney Nancy Wolff. “It’s either an infringement or they [the news outlets] have to make a fair use argument.”
Wolff says the news organizations probably decided the risk of a lawsuit was low. They also probably considered competitive pressure as other sources published the same photos. “It’s a fast business decision,” Wolff says.”
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