States Try to Stop Commercial Use of Dead Soldiers' Photos, Names

[Efergoh]

PHOENIX — Incensed by the sale of anti-war T-shirts and other paraphernalia emblazoned with the names and pictures of America's military dead, some states are outlawing the commercial use of the fallen without the permission of their families.


Full article is here:http://www.foxnews.com/story/0,2933,273360,00.html

My knee jerk reaction is to support something like this simply out of respect for the dead, and the fact that myself being a veteran of Iraq, I wouldn't want some liberal pansy using my name to further a cause I do not support.

But, I see this having far reaching implications down the road in the form of unintended consequences. I know we aren't supposed to talk politics here, but I think that this impacts us directly as photographers, and should be discussed. I don't expect there to be any real consensus, but we should be aware of what is going on.

"Just because you have no interest in politics, does not mean politics is not interested in you."

 

[blackdoglab]

Pure exploitation it would be to do such a low thing. Some people have no sense of reverence or respect for others.

 

[gtkelly]

I would have thought that the estates of these soldiers would own the rights to the images in the absence of a release. And they should be able to enfore usage. Unless I misunderstand the laws.

My personal opinion - in very poor taste and disrespetful to those that have given everything for their country.

 

[Efergoh]

I agree. It is very disrespectful, and is lacking in taste in any sense of the word.
but, do we need a law to prohibit this?

I liken this to flag burning. I'm a combat veteran. If you burn the flag that represents the the nation and ideas for which I fought while in my presence, I am likely to blacken your eye and bloody your nose. but at the same time, I still consider it freedom of expression. I don't want any laws that restrict freedom...even if that freedom is something I detest. I see it as a slippery slope.

If we ban this person from using those images, then it sets the stage for further restrictions on our rights and freedoms.

I fought for freedom. I don't think I like the idea of it being restricted for any reason.

 

[gtkelly]

What I should have said the last time. THANK YOU FOR YOUR SERVICE!!! You say you're an unapologetic war veteran. Of course. You have nothing to apologize for. In fact I, and collectively we as a nation, should apologize for not taking better care of our veterans. It's inexcusable as is.

And to have a law or ban would be - I believe - a dishonor to the people that died to protect it. But while that freedom gives them the right to say things I disagree with it also gives me the right to say exactly what I think about their position. Unless we are vigilant we'll wake up one day to find our freedoms gone...

 

[morydd]

I belive that there are already laws in place which would apply to this. Copyright (are the pictures used licensed from the person who took them/owns the rights) and releases (are there releases from the person represented) Rather than passing additional laws (which I'm always always opposed to) perhaps someone with the legal know-how could volunteer to send C&D letters and, if appropriate pursue the enforcement of the existing laws. The reason those laws exist is precicely to protect people from having their images used to represent a cause they don't believe in without their consent.

 

[Efergoh]

Lets assume that these photos have no copyright. I have not seen these shirt in question, but I thought that they were SRB (Service Record Book) photos which are public record.

 

[morydd]

The laws pertaining to model releases for commercial use would still apply though, would they not?

 

[brighteyesphotos]

I haven't seen a picture of the shirt mentioned but I have seen a picture from a related article where the shirt shown doesn't have the soldiers' pictures, just names. I believe the message they are trying to convey can be delivered without the pictures. And no, not all of the pictures are service record pictures. At least that is the assumption I am getting from the article. I think it's disrespectful to the soldiers who have given their lives. Especially when I know you know some of them and I knew a couple of them, as well as others here have known some of the deceased soldiers. I don't think they would want their names or pictures to be used in the manner the shirts are for.

 

[fmw]

No doubt such use of an image is in very, very poor taste. However, it is not government's role to regulate taste.

Hopefully, the marketplace will cause the whole thing to fail.

 

[abraxas]

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[mortallis288]

for or against the war i do not think this is approiate, i personally am agaisnt the war but i still have the highest respect for all military in iraq and all the veterans. I think they should have to have the families consent to do this

 

[ksmattfish]

From the politicians' point of view what a wonderful problem. It grabs people in the gut, the politicians get to have a "I support the troops!" soundbite in the news, and it keeps them from having to work on solving our real problems. The government can waste a lot of time and money legislating taste.