Two collaborators hired by a photographer to write copy and scan images had an implied copyright license to utilize those images in promotion of a photo book the photographer was putting together on the late pop star Prince, a federal judge has ruled. In a federal court of appeals, the judge agreed that the collaborators that Prince photographer Allen Beaulieu hired to promote his book had implied permission to use the images in marketing materials that were sent to multiple investors. Beaulieu had claimed that his images were illegally used and stolen by his collaborators. He also claimed they had wrongfully retained original images after their agreement was terminated. Beaulieu filed three claims in all, and the recent judgement by the federal court of appeals sided with the original court’s decision.
Beaulieu worked as Prince’s photographer from 1979 to 1984. In 2014, two years before Prince’s death, the photographer decided to create a book with collaborators—some of whom he had known since high school—that would include more than 100 of his photographs. The photographer worked with copywriter Thomas Martin Crouse for the written content and later hired Clint Stockwell to digitize the images.
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According to The Source, that agreement later fell apart. The Prince photographer said that, while his lawyer was able to retrieve some of the images, Crouse and Stockwell held onto others. The photographer filed two claims, one for possession and another for interfering with his ability to earn from those photographs. However, the judge dismissed both because the photograph had not provided an inventory of the photographs, how many were returned to him, and how many were retained.
The third claim was for using copyrighted images in a slideshow and press release created to promote the book to potential investors. On this claim, the courts determined that Crouse and Stockwell had an implied license to use those images for promotion. While an implied license is neither written nor verbal, the courts determined that because the Prince photographer received the press materials before publication and had added to the list of those to receive the materials, Crouse and Stockwell had an implied agreement to use those images.
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The book, Prince: Before the Rain, was published in 2018. Along with Beaulieu’s images, the book includes a foreword by Dex Dickerson and writing by Jim Walsh. Historian Eloy Lasanta also contributed to the book.
The final judgement is definitely food for thought for any photographer about to embark on a photo project where they need to work with other collaborators. Your best bet is to speak with a lawyer first, and keep detailed records.
Featured Image: Deposit Photos/AlvaroGarciaTorres