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Marc Wood, 4/11/2005, 7:44:49 AM
I'm sure the SPLC Web site (www.splc.org) has information on this. But the photographer probably does have a case (unless the photo was a publicity photo sent out by the record company specifically for these kinds of uses, in which case the photographer should be suing the record company if that was not authorized). The reviewer would have been a lot better off using the cover of the album for the review artwork--those typically do fall under fair use. Additionally, the record company would own the rights to the cover regardless of whose photos or designs are on it, and they're looking for all the exposure they can get for the album, so there's little chance they'd sue.

Anthony, 4/11/2005, 4:46:28 PM
No "fair use" here. Copyright laws protect the photographer, unless it was a PR photo issued by the record company.

I would suggest subscribing to a service such as KRT Campus or AP Worldwide for Colleges if you need photos like this often.

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