Palin Photo Sale Breached Contract
By Don | November 20, 2009
The use by Newsweek of a photo of Sarah Palin apparently breached a contract the photographer signed with Runner's World.
From Daily Finance
What on earth was Sarah Palin thinking when she posed in a pair of teeny-tiny gym shorts for a photograph that ended up on the cover of Newsweek -- a cover she has called "sexist"? Perhaps she was thinking that her image would only appear in the magazine she was posing for, Runner's World, and nowhere else, at least not for months and months. If so, she had good reason -- since, as DailyFinance has learned, the photographer who shot the picture violated his contract by reselling them to Newsweek.
That photographer, Brian Adams, could not immediately be reached, and his agent, Kelly Price, declined to comment, saying, "I keep all of my clients' business private." But a spokeswoman for Runner's World confirms that Adams's contract contained a clause stipulating that his photos of Palin would be under embargo for a period of one year following publication -- meaning until August 2010. "Runner's World did not provide Newsweek with its cover image," the spokeswoman said. "It was provided to Newsweek by the photographer's stock agency, without Runner's World's knowledge or permission." The spokeswoman declined to say whether Runner's World intends to respond to Adams's breach of contract with legal action.
But while Newsweek's use of the photo violated the embargo, it's not clear to what extent Adams is at fault. A source with knowledge of the situation says multiple outlets, including Time, approached Runner's World after the photos first appeared on its website in July to inquire about obtaining the reuse rights. Those who inquired were forwarded to Adams. Editors at the magazine were aware of negotiations to resell the pictures, and were primarily concerned to see that Runner's World received prominent credit, says the source. In the event, Newsweek credited Runner's World right on its cover. Another source says there is some disagreement over whether the exclusivity clause in Adams's contract is meant to cover all magazines or only titles that compete with Runner's World. Meanwhile, a post on Adams's blog seems to suggest he didn't know about the resale to Newsweek until after Price concluded it.
That leaves the questions of whether anyone at Newsweek knew that Adams was not contractually free to sell the photo, and whether the promised embargo was a factor in Palin's decision to pose for Runner's World. Spokespersons for Palin and Newsweek have not yet responded to inquiries from DailyFinance. Update: A Newsweek spokesman says, "We purchased the photo from an agency and were not aware of any issues with it."
As for whether the Newsweek cover is, as Palin says, sexist, editor Jon Meacham addressed that accusation Tuesday: "We chose the most interesting image available to us to illustrate the theme of the cover, which is what we always try to do," Meacham said. "We apply the same test to photographs of any public figure, male or female: does the image convey what we are saying? That is a gender-neutral standard."
Newsweek may have been exonerated from charges that they knowingly purchased an embargoed photo, but it doesn't explain fully why they chose to use the picture compared to one that would have been more neutral in appearance.
Once again. It's the bias stupid!
Post #2469
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My opinion. It appears that Palin is accustomed
to dealing with people of integrity…which is A LOT MORE than I can say for MOST in this Admiinis-
tration….trickling down from the TOP! And I can now add the magazine arm of the MSM!
If I had a subscription to Runner’s World, or
Newsweek I would cancel it immediately. They have put themselves in the class of the Paparazzi…anything for a buck!
And don’t chastise Palin only! Look at Newsweek
‘spokesperson’ not being aware there were any
“issues” with it! THAT PERSON IS IN THE PUBLISHING BUSINESS AND SHOULD BE AWARE OF ALL
ASPECTS DEALING WITH THEIR PUBLICATION! Shame on them! “Oh, I didn’t know” just doesn’t hack it with NewsweAk or Runner’s world!
To turn the pointed finger at Runner’s World and Newsweek: playing dumb and dumber isn’t
“savvy” of them, either !!! Unless one’s definition of “savvy” is underhanded!
I’ll save a tree and boycott Runner’s World and
NewsweAk. For Palin: GO FOR IT! Put on the lip-
stick and when you become President or Vice-
President, get a new broom to sweep the dirt
out of DC! You own them nothing..they owe you
nothing! I see a new day a-coming!
November 21 at 3:43 pm | #1 | Link
Post notice to Jeff:
Your comments carry the attitude of what people today say is “the elite’s”.
According to “The Oxford Dictionary and Thesaurus - The ultimate language reference for American readers:
elitism - advocacy of or reliance on leadership or dominance by a select group
You, sir, are not an “elite” for my advocacy. In truth, I see you as a pedant, look it up.