Portrait Studio Sues Playboy for Copyright Violation

Scott Baradell edits and contributes to Black Star Rising. A former newspaper journalist and executive for Belo Corp., Scott is an accomplished brand strategist who leads the Idea Grove agency. He writes the Media Orchard blog and manages the Spin Thicket and Dirt 100 Web sites. He has nearly two decades of experience working closely with professional photographers, both as a journalist and as a corporate photography buyer. in Photography Law on January 2nd, 2007

In a court case that highlights the mounting difficulties photographers face in protecting their work, a California portrait studio has sued Playboy for publishing an image without the studio’s permission.

The image: a high school portrait of future Playmate Colleen Shannon.

Shannon gave the photograph to Playboy for publication, but did not have permission to do so, argues Carla Calkins, owner of Mother Lode Photography in Diamond Springs, Calif.

The Sacramento Bee talked with Stephen Morris of the Professional Photographers of America, who said that fast-and-loose interpretations of fair use are effectively “taking money out of photographers’ pockets.”

Mother Lode’s suit alleges that Playboy has shown a “a pattern of willful disregard” for the copyrights of professional photographers.

Early last year, Playboy was involved in a much-publicized dispute with Jessica Alba after a photo of the actress appeared on the magazine’s cover without her permission. Alba threatened to sue but the dispute was settled out of court.

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