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Ain't no flatlander
climber
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Sep 29, 2010 - 12:38am PT
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This goes for the cover too, even though it is the key position on the publication and demands the highest space rate. Usually a cover shot is associated with an editorial piece inside.
Nope. Covers are advertising. They are used to sell the magazine on newsstands and they are typically reprinted numerous times in pure advertising contexts (press kits, marketing material, past issue offers, etc). Most people would be happy to be on a cover but the ones who aren't have a legitimate case against the shooter and the rag unless there is a signed model release.
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carter
Trad climber
Fremont, CA
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Sep 29, 2010 - 01:14am PT
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Ain't no flatlander, I agree with you except for your statement that the model would have a case against the photographer. It is my understanding that the model would only have a case against the client/publisher using the photo for advertising. The photographer only sold the photograph to a client. It is up to the client to decide what they want to do with it. If they want use the photograph even though there is no model release. That is assuming the photographer never claimed that they had a model release or an agreement with the model.
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andy@climbingmoab
Big Wall climber
Denver, CO
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Sep 29, 2010 - 11:24pm PT
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I hope that all of you go spend your money at places like REI or EMS that have better legal advice.
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steelmnkey
climber
Vision man...ya gotta have vision...
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Sep 29, 2010 - 11:45pm PT
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You really gotta love this... a guy calls bc.com on bad behavior where they're flat out in the wrong and they come out swinging. Sweet! That must be some sort of latest revolutionary "we don't need your business!" approach. With all the online companies out there wrestling for the buck, you'd think they'd be a little more careful about letting that loudmouth off his leash.
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bjj
climber
beyond the sun
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Sep 30, 2010 - 12:17am PT
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"bjj,
wrong CA. computer crimes for those educated appear to be legal
language for Unix programmers more so than Microsoft.
?? wat?
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graniteclimber
Trad climber
Nowhere
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Sep 30, 2010 - 07:48pm PT
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backcountry.com should change it's name to badbusiness.com
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Chaz
Trad climber
greater Boss Angeles area
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Interesting to note the only mistake they admit to:
"We failed to track down the photographer in this case and that was a mistake."
What irritated me was the snotty response to Josh's inquiry. THAT was the real mistake.
Is that the same attitude I will be confronted with if I ever have a problem with one of the products Backcountry.com sells? I won't have to find out, because I won't be buying anything from Backcountry.com anymore.
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bjj
climber
beyond the sun
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Ok, but I have no idea what that has to do with what I was saying. Someone earlier on said that any photo that wasn't blocked is "fair game".
I responded by saying that no matter what a person may do to try and keep a 3rd party from getting a copy of the photo, it doesn't matter. Because there is no way to stop someone from doing so. I said in that regard, everything is "fair game". I didn't mean it from a legal perspective, just that if you post something on the web, it is "fair game" for anyone who wants to take it, and it is physically impossible to prevent it.
So, I think we're talking about 2 different things.
bjj,
http://www.leginfo.ca.gov/calaw.html
I think they are around the 594 section of the penal code.
There is a windows programmer issue thread with numerous
octal examples dealing with octal permission settings.
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Chaz
Trad climber
greater Boss Angeles area
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Does anyone here read Greek?
http://olikixalarosi.blogspot.com/2010/10/blog-post_19.html
I took the top photo. I know it's mine because my dog is in it!
I don't read or speak Greek, despite working five years for a Greek family and hearing Greek spoken for 40 hours-a-week.
I'm pretty sure the caption under my photo says something like "This is one of the finest pictures taken in the history of photography, right up there with George Lawrence's 'San Francisco In Ruins', and we can't understand why it's not on the cover of National Geographic".
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