Blog
ASNE joins brief arguing First Amendment rights trump right of publicity
- By: ASNE staff
- On: 03/17/2016 10:11:07
- In: First Amendment
Among the questions that ASNE Legal Counsel Kevin Goldberg is often asked, via the ASNE Legal Hotline or otherwise, is how to protect against legal issues when seeking to use photos and videos not shot by a publication's own photographer. It's not easy, and that's why ASNE joined a brief, which seeks to maintain a broad protection for use of photos and videos in non-commercial situations.
Among the questions I am often asked, via the ASNE Legal Hotline or otherwise, is how to protect against legal issues when seeking to use photos and videos not shot by a publication's own photographer. It's not easy, and that's why ASNE joined a brief, which seeks to maintain a broad protection for use of photos and videos in non-commercial situations.
The case is Patrick Maloney and Time Judge v. T3 Media, Inc. Arising from the context of a digital photo database, the case will help determine whether the First Amendment is an exception to the right of publicity (which dictates when the subject of a photo or video can control its use) or, as we prefer, the right of publicity is an exception to the First Amendment, which allows freer use of such photos as long as proper copyright permissions are obtained (in fact, a bigger concern for most content users).
If the case is decided the wrong way, then ASNE members and others might have to get permission from not only the copyright owners for use of a photo or video in conjunction with a news story, but also all those shown in the photo. Such non-commercial uses generally don't require a subject's permission. Our brief was drafted by the Reporters Committee for Freedom of the Press and explains the case from a journalism perspective that an adverse result stands to hinder the news media's ability to report on matters of public concern.