Sarah Palin Photographer Breached Contract With Sale To Newsweek

DailyFinance.com:

What on earth was Sarah Palin thinking when she posed in a pair of teeny-tiny gym shorts for a photograph that ended up on the cover of Newsweek -- a cover she has called "sexist"? Perhaps she was thinking that her image would only appear in the magazine she was posing for, Runner's World, and nowhere else, at least not for months and months. If so, she had good reason -- since, as DailyFinance has learned, the photographer who shot the picture violated his contract by reselling them to Newsweek. That photographer, Brian Adams, could not immediately be reached, and his agent, Kelly Price, declined to comment, saying, "I keep all of my clients' business private."

But a spokeswoman for Runner's World confirms that Adams's contract contained a clause stipulating that his photos of Palin would be under embargo for a period of one year following publication -- meaning until August 2010. "Runner's World did not provide Newsweek with its cover image," the spokeswoman said. "It was provided to Newsweek by the photographer's stock agency, without Runner's World's knowledge or permission." The spokeswoman declined to say whether Runner's World intends to respond to Adams's breach of contract with legal action.

But while Newsweek's use of the photo violated the embargo, it's not clear to what extent Adams is at fault. A source with knowledge of the situation says multiple outlets, including Time, approached Runner's World after the photos first appeared on its website in July to inquire about obtaining the reuse rights. Those who inquired were forwarded to Adams. Editors at the magazine were aware of negotiations to resell the pictures, and were primarily concerned to see that Runner's World received prominent credit, says the source. In the event, Newsweek credited Runner's World right on its cover. Another source says there is some disagreement over whether the exclusivity clause in Adams's contract is meant to cover all magazines or only titles that compete with Runner's World. Meanwhile, a post on Adams's blog seems to suggest he didn't know about the resale to Newsweek until after Price concluded it.

Figures that a leftist rag like TIME would attempt to smear Palin by trying to purchase that photo too. I hope the photographer and Newsweek get their asses sued.

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