That's an interesting concept in that they seem to not be concerned
about the copyright at all, just that an identifiable and identified
image of NYSE trading was used to illustrate a story that does not
necessarily involve the NYSE at all. At least one NYSE member firm was
mentioned in the story, but there is nothing in the text that suggests
the suspect insider trading in question took place on the exchange.
(Most trades are actually implemented outside the formal stock exchanges
these days, even when exchange members are involved.)
The story that the NYSE objects to clearly identifies the photo as being
of the exchange. Does it dilute or confuse the public to have this image
attached to this story? I think it strongly suggests that the
possibly-illegal activity under investigation took place on the NYSE,
even though it never says it. Some sort of defamation claim seems
possible, even if a bit far-fetched. Note that they aren't asking for
damages or threatening to sue, simply asking that this particular art
not be used to illustrate that particular story.
From a journalism perspective, I have to say that removing that image
would make the story more clear. If the trades were on the NYSE, then
specifically say so and keep the picture. But that's not the point of
the story and the photo does not contribute anything. I'd pull it.
I'd get my knickers in a twist and indignantly start writing a piece
like the one you cite here, but I wouldn't run it and I'd pull the photo.
Van
On 26/05/2011 12:28 PM, Paul "Sparrow Hawk" Biron wrote:
>
> The subject of editorial use of photographs containing trademarked
> subjects has
> been discussed on this list before and I thought some members of this
> group
> might be interested in a particular case of this that I just heard about.
>
> http://talkingpointsmemo.com/archives/2011/05/nyse_tries_to_body_slam_tpm.php
>
> I am certainly not an attorney but my understanding of this subject is
> that NYSE
> does not have a case here, assuming that the photographer who took the
> photograph had the proper authority to take (and sell) the photograph in
> question and that TMP appropriately licensed their use of the image.
>
> Paul "Sparrow Hawk" Biron
> ---
> Sparrow Hawk Photography
> Wildlife and Scenic Photography
> http://photo.sparrow-hawk.org
> http://www.facebook.com/SparrowHawkPhotography
>
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