Photographer Demanding Cash From Sites Using Palin's Official Governor Photo

from the copyright-gone-mad dept

Pickle Monger points us to the latest ridiculous story involving copyright and the government. Apparently, a photographer named Jeff Schultz, who has taken many photos of Sarah Palin, took the photo that Palin used as her "official state photo," while she was governor of Alaska. Members of Palin's administration say they regularly handed out that photo to all sorts of folks as Palin's official headshot. Not surprisingly, the image can be found widely on the internet.

However, it appears that Schultz is now claiming that those who use it are violating his copyright, and are demanding they pay up. And not just a marginal sum, but $11,750, according to the demand letter embedded below. The story covers a demand letter that was sent to a restaurant owner who, back during the last Presidential election, hosted an event where he showed the VP debate between Palin and Biden. In promoting that event at the restaurant, the owner pulled Palin's official pic and put it on his website, where it has remained "in the archives" where almost no one sees it. However, Schultz or his lawyers found it and demanded money from the restaurant owner. Even after the image was pulled, they still demanded money, and rather than fight it, the restaurant owner eventually paid up. Schultz's lawyers also demanded a gag order, that he not talk about the threat and the demand for cash, but he refused to agree to the gag order. Of course, this just makes you wonder how many other folks did pay up and can't talk about it...

Palin's deputy press secretary while she was governor notes that Schultz did, in fact, retain the copyright, but that seems silly. If you're going to post a headshot like that for an official government figure and use it as distribution material for all sorts of media, it seems like you should automatically relinquish any copyright on it. That Schultz is going around now, years later, and demanding cash (and silence!) from those using it seems like yet another story of copyright trolling.

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  1. icon
    ltlw0lf (profile), 22 Feb 2011 @ 2:03pm


    @Lobo Santo: Copyrights are not Patents.

    I don't think Lobo was confusing the two. I believe Lobo was saying that this was already common practice for Patent Holders to wait a couple years while the use of their patent becomes pervasive, and then crack down to make lots of money, and in this case Mr. Schultz was just using what was common practice in the Patent world and applying it to the Copyright world.

    I personally believe that Mr. Schultz is late to the party, and Copyright Maximalists have been doing this for years. Why innovate when you can legislate and litigate? That is their motto, whether it is Copyright Maximalists or Patent Maximalists (or even Trademark Maximalists.)

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