Photo Attorney

Mar 31, 2008

Legislature May Resolve Issue in James Brown v. Corbis Action

As previously reported, James Brown (now deceased but his estate is continuing the action) filed suit against Corbis in Illinois claiming that Corbis violated Brown's right of publicity for "commercial use of his image on the Internet" by selling/licensing photos of him. Corbis took a hit last August when the Illinois appellate court affirmed the denial of Corbis' motion to dismiss. The case thus is still ongoing.

The Chicago Sun-Times recently reported, however, that the Illinois House of Representatives has passed a bill that will allow organizations to sell a photograph without being liable if the customer uses it illegally. Brown's attorney concedes that the damages the Brown family would be entitled to could be moot if the legislation passes.

This is hopeful news for both photographers and stock agencies!