Quote from: ShadySue on July 21, 2019, 19:07

By coming out with this on Insta, I think Nadav Kander has backed himself into a difficult corner.

It looks like the bulk of the blame is on the Big Issue, by cropping in and mitigating the window shadow. (I don't have enough English Law expertise to know whether the author has any legal responsibility - he certainly wan't trying to pass off the work as his own.)

However, as the Big Issue is a charity enterprise, and one close to David Lynch's heart, he can hardly go suing them (Obviously, he could legally, but it wouldn't do his personal reputation any good). But he wouldn't want to be seen to back down, and now he has discovered Rolling Stone did nearly the same but without removing the shadow, and that's a commercial publication.

Good summary, let me add, the person who licenses the image is responsible for the use. Someone can license an Editorial Only image and use it commercially, the liability is on them, not the artist, not the agency. The limitations have been stated, the "buyer" has decided the use.

I'm almost certain that it won't happen, but I wonder if the photographer that had the image on alamy doesn't have a case against Nadav Kander for defamation, moral abuse, threats and extortion since Nadav demanded that he made a donation to an organization.

Plus, I wonder if the alamy contributor didn't suffer abuse from Kander groupies, which in this day and age of Social Media (the sewer of the world) is very likely.

If this happened in the US, which is an extremely litigant country, Nadav Kander could eventually be facing an indemnification to the alamy photographer.