Comments on: September 25 roundup

By: Drew

Drew — Thu, 27 Sep 2007 16:46:40 +0000

DAV: Again, from the article:

“The central issue revolves around whether Marsinko signed a release allowing his photo to be used for commercial purposes. In the lawsuit, he says he didn’t.”

By: ben tillman

ben tillman — Wed, 26 Sep 2007 18:29:34 +0000

The 3d Circuit has held that a high school program that required all students to complete 60 hours of community service in order to graduate did not constitute involuntary servitude or peonage. Steirer v. Bethlehem Area School District, 789 F. Supp. 1337, 1340 (E.D. Pa. 1992), aff’d, 987 F.2d 989 (3d Cir.), cert. denied, 114 S. Ct. 85 (1993).

By: ben tillman

ben tillman — Wed, 26 Sep 2007 18:19:49 +0000

What makes you think he signed a release?

By: DAV

DAV — Wed, 26 Sep 2007 11:07:15 +0000

Drew,
Well, I’m not all that up on the law but most model releases I’ve seen seem to pretty much exclude any rights of the model to the photo. I would think this especially applies to promotional shots. Marsinko’s complaint seems to be HOW it was used rather than it WAS used. Photo releases, particularly for promotions, rarely specify restricted usage. He appears to have found a lawyer willing to argue otherwise.

By: Drew

Drew — Wed, 26 Sep 2007 09:30:54 +0000

DAV: From the article:

“The portrait was taken at the 1996 State Fair of Virginia by Washington, D.C., photographer John Burwell, who had been hired to take promotional photos for the fair.

The lawsuit accuses Burwell and his wife of selling Marsinko’s image to Jupitermedia Corp., a stock image provider, without his permission. The image eventually wound up on a card sold by Boulder, Colo., company Leanin’ Tree Inc., according to the suit.”

The lawsuit doesn’t sound unreasonable on its face.

By: Ryan Frank

Ryan Frank — Tue, 25 Sep 2007 16:35:35 +0000

Jim Collins –

Thats actually a good question. My (quasi-public) high school used to have what they called ‘service learning’… we called it ‘slave labor’. Some of the assignments where menial cleaning tasks around the school and had no purpose other than saving the school money on janitorial staff.

By: nevins

nevins — Tue, 25 Sep 2007 13:54:05 +0000

Sounds like the idea of a national service might run up against the 13th amendment. “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
That part about involuntary servitude probably also precludes a military draft.

By: Jim Collins

Jim Collins — Tue, 25 Sep 2007 12:14:53 +0000

If this National Service ideas is considered forced labor, what about the High Schools and Colleges that have a mandatory Community Service obligation for graduation? At least the National Service idea provides a paycheck.

By: DAV

DAV — Tue, 25 Sep 2007 11:52:47 +0000

I’m a part-time photographer and the Farmer Goose picture looks posed. Hard to believe that someone would take a posed picture then release it as a stock photo but not bother to get a release.