SACRAMENTO, CA — As soft focus as they may be, photos in Playboy magazine still manage to rattle some people. The latest photo to cause a reaction doesn’t even feature a nude body. In fact, it’s just a high school portrait.The problem is; the photographers who took the shot say it belongs to them.
Carla Calkins of Diamond Springs owns Mother Lode Photography, along with her husband Robert. The couple has accused Chicago-based Playboy Enterprises, Inc., of using the shot in their 50th anniversary issue without permission.
At issue is Colleen Shannon’s 1996 Independence High School senior portrait, which she used in conjunction with her Playmate biography in the December 2003 issue. Shannon now works in Los Angeles as a disc jockey who bills herself as “The World’s Sexiest DJ.”
Some might think the case petty, given the innocent nature of the photo involved, but to the Mother Lode Photography, it’s a matter of protecting their livelihood, especially in a digital era where reproducing graphical content and widely distributing it without compensation for the creator is increasingly easy and common.
Unlike the mega empire that is Playboy Enterprises, Calkins is a special education teacher with no legal staff at her fingertips. In fact, finances are so tight, that she’s been reading up on case law and talking to other photographers who’ve been involved in copyright battles in preparation for handling the case against Playboy and Shannon herself.
“I think I have a very strong legal case,” she told the Sacramento Bee. “As a special ed teacher and a therapist, you spend your days telling children they don’t need to be the victim of a bully. Most people wouldn’t have the nerve to do this, but I do.”
According to Calkins, this is just one more example of Playboy’s disregard for the copyrights of professional portrait photographers and a part of “a pattern of willful disregard” concerning the issue.
Calkins contends that when she contacted Playboy about the photo, “They offered $100. I thought that was a slap in the face. If I put their bunny in my stuff, you know they’d be at my door.”
The photographer hopes that the trial, which may determine whether use of such images is copyright infringement or part of “fair use,” will result in the company being forced to destroy all unsold copies of the December 2003 issue and pay legal fees, damage, and any profits related to the use of the photo.
Neither Shannon, her management company DGI-Artist Management, nor Playboy Enterprises responded to requests from the Sacramento Bee for comment.
Playboy attorney Michael G. Rhodes, however, informed the newpaper via telephone, that in his opinion, “Ms. Calkins’ lawsuit is without merit. We have attempted to resolve the matter for some time, but have been unsuccessful.”
