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Originally Posted by GatorB
Simple.If I signed a release before my pic was taken that the person( or company ) that took my pictures had the right to do with them whatever they wanted then no I wouldn't expect any compensation. Would I be upset? Sure, but it was MY fault in the first place.
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I think this is part of the problem. Alba and her Lawyers are claiming she has the right to approve the use and licence for each time her publicity photo is used.
I somehow doubt that Sony would give her the right to do so, for this simple reason: If Alba says, "I don't want my publicity photo used in magazine X", but the photo is a cast picture, then the image could not be used even if the other cast members were alright with the use. I just don't see it happening. If it is the case, then she needs to sue Sony...UNLESS, Playboy did lie to Sony about the use of the image. But I'm also pretty sure that there's something in writing between the parties as to the use of the image.
I've dealt too many times with image release issues with regard to mainstream movies and television to think that there is no document that explains the use of this picture.