When the internet and digital cameras first became popular and images were suddenly able to swirl around the world at the push of a button, I had a debate with a friend about a person’s right to their image. I told him I did not like the fact that anyone with a digital camera and a computer could take my picture, do what they will to it and then post in on the web. I told him I should have a certain right to my own image. He disagreed and told me it was just the way things were going to be and it would be impossible for anyone to have such control. He was right and it would certainly be hard to do certain types of expose documentaries if this were true. However, there are many sides to the issue. Actors are paid for the use of their image and painters and photographers are often paid for the use of their work. But how about the people we see in commercials for obesity segments on the local news showing a close-up of their large stomachs or butts, but not their face. Did these people give their permission or get paid for the use of their image or would they be completely embarrassed by the footage? I am still at odds with this issue, especially now that I have teenage daughters.
Susan Meisela did not ask for Pablo Arauz’s permission to publish the photo, she did not even know his name until 11 years after she took the photo, any more than Joy Garnett did to appropriate it. I do not think he has made any money from the wide spread use of his popular image. Did Pepsi pay anyone for the image? I think that as new generations grow up along with the new technology the copyright laws will eventually have to change or become ineffective because they will be impossible to enforce. But I do not know how this will affects artists in the long run.
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