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Question came up recently regarding the use of a photo of an individual in an ad. The photographer's release specifically granted him copyright to the image. The photographer sold the image to an advertising agency, who in turn used the image in an ad for their client. The person in the image sued the photographer for compensation claiming the use of the photo caused him harm. In the ruling the judge dismissed the case against the photographer, but indicated the plaintiff should seek a suit against the advertising agency. The judge's ruling indicated that a copyright does not give "exclusive and unlimited right" to use a photo in any manner without the approval of the subject in the photo. The judge cited the use of a photo in circumstances that would cause harm to the subject of the photo as an example.
Anyone come across this before and what limits if any are there on the use of a copyrighted image?
Anyone come across this before and what limits if any are there on the use of a copyrighted image?
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