The artist says, “Yes, anyone can make a photograph of my work. What they can not do is use my work for their profit without any contact with me….” When the photographer offered the image of the artwork for commerical licensing, it’s no longer fair use. Though the photographer and his stock agency removed the photo from the marketplace, the artist continues to claim damages against the photographer.
If you had licensed the photo from the agency and used it in an ad or a book, would your photo agency have stood behind the license and indemnified you, their customer, from any claims by the artist?
Read the full story here: http://www.myballard.com/2010/07/22/photo-flap-leads-to-legal-fundraiser/