The controversial photo of Sarah Palin that appears on the cover of Newsweek apparently shouldn’t have – by law.
The picture of Palin in skimpy running clothes originally appeared in Runner’s World magazine. And the photographer who took the shot, Brian Adams, violated his contract with that magazine by reselling it to Newsweek, according to AOL’s Daily Finance Web site.
Adams' contract included an embargo of Palin’s photos until August 2010, a spokeswoman for Runner's World told the site.
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To be sure, one source told Daily Finance that there is disagreement about whether the exclusivity clause applies to all magazines or just ones that compete with Runner's World.
Runner's World didn’t give Newsweek the photo, the spokeswoman said. "It was provided to Newsweek by the photographer's stock agency, without Runner's World's knowledge or permission," she said.
A Newsweek spokesman told Daily Finance: "We purchased the photo from an agency and were not aware of any issues with it."
In a blog posting, Adams suggested he didn’t know about the sale.
One source told Daily Finance that several publications were after the photo and that Runner’s World editors were aware of negotiations to resell it.
The editors’ primary concern was that their magazine receive prominent credit, the source said. Newsweek indeed credited the magazine on its cover.
Palin complained that the photo was inappropriate for Newsweek.
Newsweek editor Jon Meacham responded: "We chose the most interesting image available to us to illustrate the theme of the cover, which is what we always try to do.”
He said, "We apply the same test to photographs of any public figure, male or female: does the image convey what we are saying? That is a gender-neutral standard."
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