Lawyer Charges Media with Exploiting Governor Spitzer Call Girl
Monday, April 21, 2008 @ 06:36
While there has been no lawsuit filed yet, this case brings up some points that photographers need to consider in regard to their subjects. In the case of news stories, generally permission is not required before publishing photographs, though in other areas such publication could be considered commercial exploitation of a subject and could be accompanied by large fines and law suit settlements.
Ashley Alexandra Dupre's lawyer, Don D. Buchwald stated that the photos taken and run in newspapers across the country (and the world) of the young woman were used without her consent and that usage may very well become the subject of a federal copyright infringement action. He added that her photos have also appeared on commercial web sites without her consent, and it is actually those websites that may be the basis to the federal law suit, since it would appear they are not granted the same protections as the more "traditional" print and electronic media outlets.
Buchwald didn't come right out and say that Dupre would be suing the media, but he did contend that since she was not a public figure, and thus subject to this sort of exploitation, he would take all steps necessary to protect her from any further exploitation of her "name, photo, voice or likeness for the purposes of profit" … in the future.
Sure sounds like the makings of a budding lawsuit to me.
Mood : accomplished
