Publicity rights

[Mark Nornes]

On Aug 31, 2005, at 10:44 AM, Aaron Gerow wrote:

> Since I have had film companies assert that I couldn't even use frame 
> grabs in a publication because I needed to clear those images with 
> each of the actors shown, I could possibly use this court decision to 
> counter that assertion.

When it comes to frame grabs, don't even ask them. Why give them the 
chance to say no in the first place. They'll be happy to have the 
publicity in the end, and if by chance anyone complains to them they 
may be relieved to say you published it without even asking them.

Of course, if they're (potentially nasty) control-freak-types that you 
want a continuing relationship with for some reason, then you're 
screwed. I think I can guess who you are talking about.

Interestingly enough, I'm having the opposite problem right now. I've 
got 25-odd snapshots from Ogawa Productions I've collected over the 
years and want to use in my book. The collective's long gone, and the 
former member's I've talked to say "Just publish them." They basically 
don't believe in copyright for those, but can't see how they can sign 
some legal document giving me rights. How could they when there were no 
"rights" in the first place, in any strict sense. Then there are the 
professional photographers that were around the collective, like Kitai 
Kazuo and Naito Masatoshi. I hate to think what their usual rates are, 
but because it's Ogawa Pro they won't ask for money or even tell you if 
they expect any. It's been driving me nuts.  Luckily, it looks like my 
publisher understands!

Markus