The James Brown estate is taking Corbis to court under the ‘right to publicity’ law as they believe their archive should own the images it allows people to use. The Brown estate argue that because Corbis charges for the images, it too must seek permission, and they are in effect challenging the archive’s fundamental business model. The Brown estate has just gone under auction at Christie’s and made either his state or his trust $857,688. (Paul Shaffer bought his medical bracelet from the day he died for $32,500)
“The right of publicity is the right to your image and your voice and other personal characteristics. And you are protected from the commercial use by somebody else of your image. It’s a little different from copyright. You can copyright a song, you can copyright a movie — that is a tangible work of art. … But rights of publicity are quite different,” said one of the laywers
If a photographer takes a photograph, the photo is an original work and it’s protected by copyright. But the subject of that photo must grant permission before it is used on a product like a T-shirt or a mug. Celebrities typically charge a licensing fee for that use, like Jessica Alba’s baby (called Honor) photos for OK magazine which she is thought to have been paid $1.5 million by them for exclusive rights. The “right of publicity” is currently a law in 19 states.
It seems to me that this is one of those stupid celebrity complaints case. If you don’t want to have your picture taken, or even have little mustached men with long lenses hiding in your bushes, then don’t become famous. Funnily enough I don’t seem to have this problem. I know I freelance for a celebrity photo agency, but that doesn’t change my opinion. When you place yourself into the public eye and enjoy the money and fame that comes with being an actor, then accept that some people are going to gain financially from your image. I think it is great that people like Jessica Alba have worked out that they should cut out the middle man (ie. Wireimage, Retna, Getty Images, Corbis etc…) and go straight to the magazines. Now I just want to know how much the photographer got paid!