Quotulatiousness

October 8, 2010

Do you recognize this astronaut?

Filed under: Law, Media, Space — Tags: , — Nicholas @ 08:32

Apparently, he’s so easily identified in this image that he’s suing the artist, her recording company, and the stock image firm:

An American astronaut is suing Dido, claiming the singer misappropriated his image on her most recent album. Bruce McCandless II was photographed on a spacewalk in 1984; a quarter of a century later, he found himself floating in the centre of Dido’s Safe Trip Home album cover. And he isn’t happy.

McCandless’s complaint, filed last week, names Sony Music, Getty Images and Dido as defendants, using the singer’s full name – Dido Florian Cloud de Bounevialle O’Malley Armstrong. However, because the Nasa astronaut does not own the rights to the photograph, he is not suing for copyright infringement. Instead, he claims his “persona” was used without permission to help sell Dido’s album.

I don’t know what his chances of success might be, but if Sony Music bought the image from Getty, then it’s Getty that should be the only defendant . . . it’s the stock photography company’s responsibility to ensure that all the images they sell are properly licensed and available to sell on. Downstream users shouldn’t be held responsible for the due diligence of the seller.

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