Copyright and that Rolling Stone Cover

[mabfan]

Meanwhile, over on Facebook, I posted the following:

I have a slightly more prosaic question about the Rolling Stone cover.

From what I understand, the photograph of the bomber running on the cover of Rolling Stone is a selfie, meaning that the bomber took the photo himself, of himself. According to US copyright law, the photographer generally owns the copyright to any photograph he or she takes (unless a previous arrangement is made). Doesn't that mean that the bomber owns the copyright on this photo? If so, what legal right does Rolling Stone have to publish the photo on their cover?

Is it some sort of fair use? Are they simply violating the bomber's copyright? Are they (and I would hate to think this is the case) paying the bomber a standard licensing fee for the photo?

Does anyone know?

(Please keep comments on this topic only.)

It's led to a lot of interesting discussion. Here's a link for anyone interested in reading the thread:

Facebook Thread: Copyright and that Rolling Stone Cover

Comments

[ron_newman]

Thanks!