August 28th, 2013

Ruling on Wedding Photog’s Refusal of Same-Sex Couple Explains How Law Applies to Annie Leibovitz

Last week, in their ruling that wedding photographers in New Mexico can’t refuse on moral or religious grounds to provide services to same-sex couples, the state supreme court justices were careful to note that state anti-discrimination law does not apply to commercial or fine-art photographers. The justices said the level of a wedding photographer’s artistry doesn’t matter, and referenced the work of Annie Leibovitz and Peter Lindbergh as a hypothetical example to make the point.

The appellant in the case, Elane Photography, was asking the state’s high court to overturn a ruling by a lower court that said Elane Photography had violated the law by refusing to photograph a commitment ceremony of a same-sex couple.

In rejecting Elane Photography’s appeal, the high court noted that the ruling applies only to photographers who offer their services to the general public:

“The reality is that because [Elane Photography] is a public accommodation [ie, a business offering services to the general public], its provision of services can be regulated, even though those services include artistic and creative work. If Elane Photography took photographs on its own time and sold them at a gallery, or if it was hired by certain clients but did not offer its services to the general public, the law would not apply to Elane Photography’s choice of whom to photograph or not,” the court said in its decision.

“This determination has no relation to the artistic merit of  photographs produced by Elane Photography. If Annie Leibovitz or Peter Lindbergh worked as public accommodations in New Mexico, they would be subject to [the state's anti-discrimination laws].”

The full story about the case is at PDNonline.com.

July 23rd, 2010

Copyright Infringement? There’s an App for That

A photographer recently tipped us off about a Chinese Web site that is publishing the work of photographers without their knowledge or permission. The site is branded as if it were produced by Leica, but according to a Leica representative they have nothing to do with it. “Leica Camera always respects the rights of artists and does not support the unapproved publication of artwork,” a Leica spokesperson told PDN via email.

Leica did not, however, comment on whether they would pursue legal action to have the site taken down.

An Austrian store that apparently sells Leica cameras and photographic prints is the site’s only sponsor.

A few of the photographers whose work is used on the site are: Phillip Toledano, Steve McCurry, Marcus Bleasdale, Annie Marie Musselman, Robbie Cooper, Kosuke Okahara, Dominic Nahr and Michal Chelbin.

The site is also marketing an app, downloadable for free through the Apple iTunes App Store. When you open the app a grid of famous photographs, including Annie Leibovitz’s image of Yoko Ono and a naked John Lennon, appear on the screen.

Work by Stephen Shore, Lynn Goldsmith, Jonas Bendiksen, Erika Larsen, Sebastião Salgado and others appear in the “A Pic a Day” section of the app. In the app’s “Magazine” section, entire photo essays appear, many of them current. For instance, Sebastian Liste’s 2010 Ian Parry Scholarship-winning essay on homeless families inhabiting an abandoned chocolate factory in Salvador de Bahia, Brazil, appears.

Photographers we’ve spoken with had no idea this Web site existed and was using their work, nor were they aware of the app, and we’re assuming that none of the photographers whose work is being used gave permission.

Does your work appear on the site?