According to an article in the Mudville Gazette, the Army has been distributing a photograph (of a US Army major cradling a girl killed by terrorists) taken by photographer Mike Yon, and that Yon has threatened the Army with a copyright infringement lawsuit. The Army’s response is interesting: it claims that the standard liability waiver that Yon signed before he was permitted into the war zone (in which he agreed to “release the (military) of any liability from and hold them harmless for any injuries I may suffer or any equipment that may be damaged as a result of my covering combat”) covers injuries to his intellectual property as well as to his person or his personal property. I must say, I’ve never heard that one before, in 20 years of practicing intellectual property law; but I’m not sure how I feel about it …
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