You take a picture, and it shows up on currency..whada-yah-gonna-do?

[SoCalDem]

Photog Sues After Picture Appears On Burundi Currency

http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1002425159
April 28, 2006

By Daryl Lang

Most copyright disputes are about money, but here's one that's literally about cash.

Freelance photographer Kelly Fajack claims in a lawsuit that one of his photos was reproduced without his permission on a currency note circulating in the central African nation of Burundi.

Fajack and his attorney think the blame for the infringement may fall on whoever designed the money, probably a currency manufacturer in another country. But so far they have been unable to identify the culprit.



The situation is somewhat delicate given that the lawsuit involves a foreign government, and an impoverished one at that.

"There are incredible procedural hurdles in suing a sovereign nation," says David Alden Erikson, Fajack's attorney in Los Angeles. "We think maybe there was some culpable third party that appropriated this image and sold it to the nation of Burundi."

"We really don't want to sue Burundi," says Fajack, who lives in Santa Monica, Calif., and shoots for World Picture News, among other clients. "Our hope is that they don't want to be in the lawsuit and will give us the information." The photograph in question shows several children taking notes in a school in Bujumbura, Burundi. Fajack says he shot the photo in March 2002 while doing pro bono work for a nonprofit organization in Burundi.Fajack says he did not give this particular picture to the nonprofit, but he did publish it on his personal web site.

snip

[Mind_your_head]

1. Ironic

Most artists must choose. They pursue their art (out of love of same and the pursuit itself) or they 'do it for the money'.

This artists work was 'stolen' to appear on the money.

[Karmakaze]

2. If I was Burundi's defense lawyer...

I would simply ask to see the childrens signed release form.

Remember their image is their own unless they signed a release form to say the photographer could use it. I am willing to bet he has no such release form and thus does not have the right to use the image either.

[MercutioATC]

3. Not entirely correct...

He can use the image as long as it's for an informational (reporting) purpose and not for profit without a release (then again, who knows what Burundi law says about the matter).