When I saw a few ads of apple and airtel using Gandhi in their value statement advertisement. I felt that they need to pay a royalty to the Gandhi Trust. If the photographer can get paid then the Gandhi Trust should also get paid. Here is a twitter discussion with Prashant.
-
The Query
-
“Why do all corporates use Gandhi on their promo video’s, even apple did in 1998. I hope they are paying @TusharG royalty.
-
This reply by Tushar Gandhi, confirms he (being a direct descendant) or Gandhi Trust is not paid by corporations who have used MKG image for brand building.
-
Prashant Argues very rightly that the Publisher of these images own the rights. Follow the entire discussion.
-
“@manojnayak pictures wud mostly be owned by getty/reuters. Apple wud’ve paid them. Why wud they pay anyone but the copyright owners?
-
“@prashantdr you are right. But not fair. Suppose a corporate uses Tendulkars picture, clicked by someone, Sachin w sue for sure! I think.
-
“@manojnayak yr still missing the point. The photographer owns the picture (or the co he sells it to, like Getty) not the person being shot
-
“@prashantdr i get your point, but the person whose picture has been used help define the brand position. So its not the artistic quality ..
-
“@prashantdr of the picture but the person who is in the picture who help the branding of the corporation. UNLESS the photographer contd
-
“has a written contract from (in this case) Gandhi (Trust) permission to do so for commercial purpose.
-
“@prashantdr legally they might be correct, but its unfair to exploit Brand Gandhi particularly by brands like Apple and Airtel.
-
“@prashantdr particularly if the original intent of the picture was for some news item. In this case the agency who owns the right is at faul
-
“@manojnayak brands *do* use ckter’s images out of line when they “congratulate” them. Don’t see anything out of line in Gandhi’s img though
-
“@manojnayak he’s a public figure and so long as the picture isn’t protected, well within rights to use them
-
Tushar Gandhi’s reply to this discussion.
-
“@manojnayak according to international law they require NOC from legal heirs.
-
“Sir, I am assuming they have not got the same. RT @tusharg: @manojnayak according to international law they require NOC from legal heirs.
