While reviewing www.imagebrief.com,
I stumbled on this requested brief and I have a question for photographers…
This image brief reads:
We're looking for a photo of Warren Buffett to be used in advertising. We
have the proper legal release/clearance issues sorted out on our end to use him
for promotional purposes.
We'd like the photo to be fairly close up, so he is easily recognizable. He
can be speaking or talking in the picture or it can be a straight headshot type
photo.
The client has consulted with their legal team and they have the right to
use an image of Warren Buffett in their advertising. The photographer does not
need to have image rights secured.
http://www.imagebrief.com/briefs/warren-buffett
So, as a photographer, would you take an assignment like
this? Yes, the client may have the rights to use the image in their
advertising, but does that protect the photographer from liability? You are the
copyright holder and are not transferring that to the client, you are permitting
them a license to use the image. But does the photographer have the rights to
license that image if they don’t have that secured from Mr. Buffett? I know I
can’t afford the lawyers that he can (lol) so part of me feels like this is
posted as a “test” to see if people respond to it.
I guess I’m just curious about the legality of a request
like this. Does permission to use extend down to the photographer being given
an assignment? And if so, would this be considered an “assignment” even though
it’s an open casting call? It’s an interesting discussion to be had. I
personally wouldn’t have the ability to respond to this request but even if I
did, I can’t imagine I would do something like this unless there were
assurances or clarification.
Discuss please…